The Evolution Of Credibility: A Critical Analysis Of Judicial Attitudes Towards Victim's Testimony In Indian Rape Cases (1970s–Present)
- IJLLR Journal
- Aug 30
- 1 min read
Arpita Joshi, Faculty of Law, PES University
ABSTRACT
This paper explores the development of judicial thinking regarding victim testimony in Indian rape trials since the 1970s. Based on a critical reading of seminal judgments, legislative reforms, and modern legal scholarship, this research maps the shift from a corroboration-based model to one that increasingly accords primacy to victim testimony. The study uses a doctrinal and socio-legal approach, examining landmark cases such as Mathura (1979), State of Punjab v. Gurmit Singh (1996), and Patan Jamal Vali (2021), in addition to the Criminal Law Amendment Acts of 1983 and 2013. The research discovers a gradual but uneven movement towards victim-centred jurisprudence, but cites ongoing problems, such as medical jurisprudence biases, intersectional discrimination, and loopholes in legislation. The research shows that while statutory law has moved towards safeguarding victim dignity and introducing presumptions of non-consent, the real-world implementation is marred by systemic prejudices and deficient institutional mechanisms. This article makes a case for wide-ranging reforms, such as compulsory gender sensitisation, eradication of retrograde medical practices, acknowledgement of marital rape, and more effective victim protection mechanisms to fill the gap between progressive legal principles and courtroom practice.
