Section 375 2019

Notable film director Rohan Khurana, [Rahul Bhat], is arrested and convicted by a sessions court after Anjali Dangle, [Meera Chopra], accuses him of rape. In the High Court, senior and talented criminal barrister Tarun Saluja, [Akshaye Khanna], works hard to punch holes in the accuser’s claims, while Hiral Gandhi, [Richa Chadha], a utopian and fervent lawyer fighting her first big case, who was once Tarun’s trainee, serves as the prosecutor and defence barrister for the claimed victim. Tarun goes by his principle Law is a fact, Justice is abstract and believes that a lawyer should not get emotionally involved in a case or get into an ethical debate. At a seminar in a flashback, also attended by Hiral, he surmises how justice is left out without proper defence, noting that the pursuit of justice is nothing but a career opportunity for the defence lawyer, prosecution & the judges as well. He summarises this with his line > We’re in the business of law, not of Justice. < This is completely contrary to Hiral’s belief, as she gets passionately involved in her pursuit to deliver justice. For this reason, she had to quit Tarun’s law firm in the past.

Tarun in his cross-examination exposes tampering of evidence, lies and facts hidden by key witnesses. He proposes that Anjali had a consensual relation with Rohan which started with the pressure of retaining her job, but with time she got emotionally involved in the relationship. Later, when she realises that Rohan is only interested in a physical relationship with her whereas she was expecting him marry her, there is a big argument between the two on this issue. Rohan belittles her and tells her that without him her career is over. Later, Rohan throws her out of his second flat where they pursued their relationship. After a couple of days, Anjali apologises to Rohan & they rekindle their relationship. Later in the day, she reports this incident as rape to police.

Insisting that it is a case of an affair gone sour, Tarun points out that the law does not regard consensual physical relations as rape. Hiral argues that though a couple may have had a consensual relationship in the past, any subsequent sexual encounter without consent of the girl is rape. The case disputes the legal provisions of the penal code’s section 375 that defines conditions under which a sexual offence can be defined as rape.

The judges are put in a tough spot because on one hand, it is clear that Anjali had filed this case to avenge her humiliation, and on the other hand, there is a strong public perception that rich and influential people are exploiting the underprivileged. The two judges deliberate on the case in their chamber. A judgement in favour of Tarun would reflect badly on their credentials, despite circumstantial evidence clearly pointing to false rape charges. One of the judges peeks from the balcony and sees protests against the accused going out of control, and it is clear what their judgement would be.

The bench, while delivering the verdict accepts the merit of the case presented by Tarun, but public sentiment forces the bench to strictly go by the book and deliver the judgment in line with popular opinion. The judges uphold the session court judgement which states that since there is no evidence of consent or force for this particular incident, the statement of the victim is considered as paramount evidence. Rohan’s wife Kainaz, Shriswara, indicates to him that she will not aid him anymore, and leaves. Tarun promises Rohan that he will approach the Supreme Court immediately. Rohan is taken to prison, and Anjali confesses in secret to Hiral that what Tarun had said in the court was true and she did this only to get revenge on Rohan. Hiral is shocked by this, and is later invited for dinner by Tarun’s family. Tarun once again reminds her “We’re in the business of law, not of Justice”, a principle she has now truly understood.