Rising Rape Cases: Analysing The Role Of Law, Victims’ Mental Health And False Allegations
- IJLLR Journal
- 2 hours ago
- 1 min read
Anice Lopes, Alissa Dias & Calista Menezes, KES Shri’ Jayantilal H. Patel Law College
ABSTRACT
This paper examines the issue of rising rape cases in India by analysing the role of law, the psychological impact on victims’ mental health, and the societal impact of false allegations. The NCRB data (2019–2023) show that the number of rape cases remains high, with only minor fluctuations, while also highlighting statewise and age-wise patterns. It further examines the role of law in addressing rape cases in India, analysing the criminal law under Thomas Babington Macaulay, which was later reformed through the enactment of the Bharatiya Nyaya Sanhita in 2023. It briefly explains the legal definition and punishment of rape in India. The paper also highlights key challenges such as delays in investigation, gender bias, and procedural issues. Landmark cases reflect public response that led to legal reforms. This demonstrates that despite the existence of strict laws, issues in implementation continue to affect the effective delivery of justice to victims. These offences create a deep impact on victims’ mental health, including trauma, PTSD, and depression, which are further compounded by social stigma, victim-blaming, and secondary victimization. The paper further examines the issue of false allegations, highlighting that Indian law under the Bharatiya Nyaya Sanhita, 2023 provides statutory provisions to penalize intentionally false allegations while also ensuring the protection of legitimate victims. Such allegations may arise due to personal conflicts, undue influence or ulterior motives, and can gravely harm the accused’s reputation and mental health.
Keywords: Rape, Legal Reform, BNS 2023, Mental Health, Justice Delay, False Allegation.
