The Kerala High Court has raised serious concerns about the disproportionate punishments prescribed under laws, including the Narcotic Drugs and Psychotropic Substances (NDPS) Act, for false accusations.
It emphasized the severe consequences faced by individuals wrongfully implicated in such cases, calling for legislative intervention to ensure fair and proportionate sentencing.
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While hearing a petition filed by Narayana Das, accused of falsely implicating Sheela Sunny in a drug possession case, Justice PV Kunhikrishnan noted that false allegations, especially under the NDPS Act, can ruin lives.
The court highlighted that although victims of false accusations face harsh penalties, those responsible for such malicious acts often receive comparatively lenient sentences.
The petitioner had sought anticipatory bail after being charged under Sections 28 (punishment for attempt to commit an offence) and 58(2) (punishment for vexatious entry, search, seizure, or arrest) of the NDPS Act.
This came after his false claims led to Sheela Sunny being wrongfully jailed for 72 days under Section 22 of the Act, which carries a minimum imprisonment of 10 years. The charges against her were eventually quashed, and she was released.
Rejecting the bail plea, the court underscored the need for reform, stating:
“False accusations are the most malignant and venomous of all calumnies. Sentences in such cases must be fair, proportionate, and reflective of the severity of the offence. Parliament should seriously reconsider sentencing provisions to address these inadequacies.”
Justice Kunhikrishnan directed the court’s Registry to forward a copy of the order to the Union Government, urging legislative review to ensure sentencing provisions align with the gravity of false accusations.
He also recommended that courts prioritize such cases and award substantial compensation to victims in addition to prescribed penalties.
Quoting Mark Twain, the court remarked:
“A lie can travel halfway around the world while the truth is still putting on its shoes,” emphasizing the rapid damage caused by false allegations.
Finally, the court instructed Narayana Das to surrender to the investigating officer within seven days, warning of coercive actions in case of non-compliance.
