What is Protection Against False Allegations?
Protection against false allegations ensures that individuals are not unjustly harmed or subjected to criminal charges based on unfounded claims. Under the BNS and BNSS, the law provides safeguards for couples against wrongful accusations of serious offenses like abduction or harassment. This protection allows for the prompt intervention of authorities, including law enforcement and the judiciary, to ensure that the couple is not wrongfully detained, harassed, or separated due to false claims. The legal framework aims to balance the rights of the accused while ensuring justice and security for all involved parties.
The Need for Couple Protection
Under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), the protection of couples is a recognized legal necessity due to societal opposition arising from caste, religion, or familial disapproval. Non-traditional marriages, such as court marriages and live-in relationships, often lead to threats, forced separations, or false allegations.
The judiciary, including the High Courts and Supreme Court, has reinforced the fundamental right to life and liberty under Article 21, ensuring protection for couples facing persecution. Legal precedents have recognized live-in relationships as legitimate and have directed law enforcement agencies to provide necessary safeguards.
While High Courts do not determine the legality of marriages—this falls under the jurisdiction of the Registrar of Marriages—they play a crucial role in issuing protective orders and preventing misuse of criminal laws against couples.
Legal Documentation Required for Couple Protection
Couples seeking protection must ensure their relationship is legally recognized and documented to avoid wrongful legal actions. Proper documentation strengthens their case and prevents unnecessary legal disputes.
Key requirements include:
1. Legal Age for Marriage
- As per BNS provisions, the minimum legal age for marriage is 21 years for both partners.
2. Marriage Documentation
- A valid marriage certificate issued by the Registrar of Marriages is essential for legal recognition.
- Court marriages must comply with prescribed legal procedures under the BNSS.
3. Avoid Fraudulent Intermediaries
- Couples should directly approach designated legal authorities instead of relying on unauthorized agents to prevent fraud.
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