The Kerala High Court on Monday highlighted a significant gap in the legal framework concerning the penalties for false accusations, particularly under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Justice P V Kunhikrishnan, during a court session, expressed concerns over the disproportionate punishments meted out for false accusations compared to the severe consequences faced by those wrongfully accused.
In a case involving Narayana Das, who was accused of falsely implicating Sheela Sunny in a drug possession case, the court denied anticipatory bail and used the opportunity to address a broader legislative issue. Justice Kunhikrishnan pointed out that while someone like Sheela Sunny could face harsh penalties including long prison terms and hefty fines if wrongly convicted, the accuser, in this case, could potentially receive a much lighter sentence.
The court emphasized the devastating impact false accusations can have on individuals, stating, “The consequences of false implications can be devastating to the victims in such cases.” It recommended that such cases be prioritized and handled expeditiously by the courts, and if the accused is found guilty, substantial compensation should be awarded to the victim in addition to the prescribed sentence.
Sections 58(2) and 28 of the NDPS Act, which deal with the punishment for providing false information leading to an arrest or search and for attempting or abetting offences under the act respectively, currently prescribe a maximum of two years’ imprisonment or a fine. The court noted the stark disparity between these penalties and the minimum sentence of 10 years for possession of commercial quantities of contraband, as outlined in Section 22(c) of the NDPS Act.
Justice Kunhikrishnan urged the Parliament to seriously reconsider the sentencing provisions for false accusations to ensure they reflect the severity of the offence. He remarked, quoting Mark Twain, “A lie can travel halfway around the world while the truth is still putting on its shoes,” to underscore the rapid and far-reaching consequences of false allegations.
The court’s order was directed to be sent to the Union government for further action, suggesting a legislative review to address these discrepancies. Additionally, the court rejected Narayana Das’s bail plea and instructed him to surrender to the investigating officer within seven days, warning of coercive actions if he failed to comply.
