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Reassessing Consent In Indian Rape Laws: A Comparative Jurisprudential Approach




Suhani Gupta, O.P. Jindal Global University

Arnab Sarkar, O.P. Jindal Global University


ABSTRACT


Ensuring justice for victims of sexual offences depends on effective investigations. Over the years, even with the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 coming into force, India has constantly introduced legal reforms to make procedures more victim-centric; however, challenges in enforcement, sensitivity, and efficiency persist. Historically, the Code of Criminal Procedure (CrPC), 1898, and later the CrPC, 1973, lacked victim- centric provisions, often leading to secondary victimization. Even after the reforms such as the Criminal Law (Amendment) Act, 2013, with 445,256 crimes against women reported in NCRB 2022, the gaps in police accountability remain. This research examines the evolution of investigative procedures and assesses whether BNSS, 2023, effectively addresses existing shortcomings in the justice system.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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