Fake LSD case: Kerala HC raises concerns over disproportionate punishment for false accusation
Kochi: The Kerala High Court on Monday raised concerns over the disproportionate punishment prescribed under the law, including provisions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, for individuals who make false accusations. Justice P V Kunhikrishnan urged Parliament to address these shortcomings in the sentencing provisions for false accusations.
The court’s observation and suggestion came while denying anticipatory bail to Narayana Das, a man accused of falsely implicating a woman, Sheela Sunny, in a drugs-related case. The false accusation claimed that Sunny was in possession of contraband drugs. The court directed the registry to send its order to the Union Government for further action.
False accusations can ruin lives, says court
Justice Kunhikrishnan highlighted that false accusations can have devastating effects on victims. He stressed that those making such accusations must be held accountable for their actions.
He remarked that, “The consequences of false implications can be devastating to the victims in such cases. Therefore, the accused in such cases should be caught immediately for investigation, if necessary, and they should be produced before the court of law for trial expeditiously, if materials are there against them to face trial.”
The court also suggested that these cases should be prioritised by the court concerned and processed out of turn. If the accused is found guilty, the court recommended that, in addition to the prescribed penalties, the maximum compensation should also be ordered to be paid to the victim.
The case and legal provisions
Narayana Das was accused under Sections 58(2) and 28 of the NDPS Act following a dispute involving Sheela Sunny, her daughter-in-law, and concealed contraband in a scooter. The dispute led to Sunny's arrest. Section 58(2) of the NDPS Act deals with the punishment for providing false information that leads to an arrest or search, and Section 28 concerns the punishment for attempting or abetting offences under the Act.
The court observed that Sheela Sunny had been falsely implicated and jailed for about 72 days under Sections 8(c), 22(c), and 60(3) of the NDPS Act. These sections deal with the possession of narcotics and psychotropic substances and carry severe penalties, including long prison sentences and hefty fines.
In contrast, the accused responsible for making the false accusation, as per Section 58(2), could face a significantly lighter punishment, with a maximum sentence of two years' imprisonment, a fine, or both.
Disparity in punishments between false accusations and drug convictions
The court noted the stark disparity in the punishment between someone falsely accusing another person and those convicted under Section 22(c) of the NDPS Act for drug possession. While someone falsely implicating another person could face a relatively light sentence, the person accused under Section 22(c) could face severe consequences, including a prison sentence of 10 to 20 years and a fine of up to Rs 2 lakh.
Justice Kunhikrishnan stressed that “The punishment should fit the crime, and the sentence should reflect the severity of the offence.”
He added that, “If there is any inadequacy in the sentence in these types of cases, the Parliament should think seriously about the same.”
Court highlights the impact of false accusations
The court also quoted American author Mark Twain, saying, “A lie can travel halfway around the world, while the truth is still putting on its shoes.”
This was used to illustrate the long-lasting and far-reaching impact of false accusations, which are difficult to disprove and can severely affect an innocent person's life.
Finally, the court rejected the anticipatory bail plea filed by Narayana Das and directed him to surrender before the Investigating Officer within seven days. If Das fails to surrender within the given period, the Investigating Officer has the authority to take coercive measures to arrest him.
PTI