From Outrage To Reform: A Critical Study Of Mukesh & Anr. V. NCT Of Delhi And Its Impact On India’s Legal Framework On Sexual Offences
- IJLLR Journal
- Dec 13, 2025
- 2 min read
Dhruv Agarwal, Symbiosis Law School, Hyderabad, Symbiosis International University (Deemed University)
Ayush Toshnival, Symbiosis Law School, Hyderabad, Symbiosis International University (Deemed University)
ABSTRACT
The judgment of the case Mukesh & Another vs. State of NCT of Delhi known as the ‘Nirbhaya case’ is the Supreme Court’s judgement of criminal appeal arising from the infamous 2012 gang rape and murder of the young woman. This cruel case evoked national anger in Indian and led to change in laws related to sexual violence in India. The court affirmed the death penalty for the accused referring to the ‘rarest of the rare’ principle and stressed on the effects of the crime on the community.
The judgment also concerned itself not only with criminal law, particularly the death penalty but also with the proposed evidence, and the use of victim impact statements, as well as constitutional rights. Criminal law reform was also an outcome, the Criminal Law (Amendment) Act, 2013 that broadened the definition of sexual offenses, introduced tougher sentencing and demanded swifter trials in sexual violence cases. It also led to improvements in the dealing with juvenile offenders and raised much debate over the safety of women.
However, the judgment stirred again the disputes in connection with the capital punishment and its usefulness including the issues regarding minors in severe crimes. It was easily effective in achieving the change that it sought in the Indian society and laws, including the awareness of gender issues and the rights of women who have been sexually assaulted. It continues to remain as an important legislative tool in the country’s legal battles against perpetrators of violence against women and as a factor that continues to propel current reforms on the country’s judicial system.
