Decolonizing Shadows: The Persistent Gendered Framework Of Rape In India's New Criminal Law
- IJLLR Journal
- Oct 18, 2025
- 1 min read
Bhumika Sachdeva, Symbiosis Law School, Pune, Maharashtra
Surya Pratap Kasaundhan, Institute of Law, Nirma University, Ahmedabad
ABSTRACT
The recent omission of an equivalent Section or Section 377 of IPC from BNS has created an uproar in Indian Society as this section was the only resort for men from the protection against sexual assault. From the bare reading of the definition encapsulated in Section 63 of BNS, 2023 [Sec 375 of IPC], it can be construed that the offence of rape can only be committed against a female with genitalia and not against any other gender. This definition acquiesces the gender-specific traditional norms that must be done away with. The exclusion of any provision for the protection of men against sexual assault is worse than abhorrence as it excludes or ignores a particular gender from protection. Notwithstanding our criminal justice system is on the back burner to recognize the sexual assault against men, contemporary society has begun to acknowledge that men can be victims of rape.
This paper critically examines these changes and advocates for a more inclusive legal framework that transcends the traditional male-on-female victim-perpetrator model. By exploring the international perspective and comparing legal standards across different jurisdictions, the paper seeks gender neutrality in the sexual-assault provisions and reforms in the recently implemented Bharatiya Nyaya Sanhita, 2023. The argued framework aims to ensure that all individuals, regardless of gender, are equally protected under the law, thereby promoting a more just and equitable legal system.
Keywords: Gender Neutrality, Men’s Right, Protection against sexual assault, Section 377 IPC, Legal Reform.
