LIJDLR

BEYOND CRIMINALISATION: MAPPING LEGISLATIVE AND INSTITUTIONAL GAPS IN INDIA’S RAPE LAWS AND EVALUATING REMEDIAL MECHANISMS

Ilma Meraj Kidwai, 10th Semester Student, B.A. LL.B. (Hons.), Amity Law School, Amity University, Lucknow (India)

Dr. Srijan Mishra, Assistant Professor at Amity Law School, Amity University, Lucknow (India)

Rape law in India stands at a critical crossroads: despite successive legislative reforms and enhanced penal consequences, the everyday experience of survivors continues to be shaped by delayed trials, modest conviction outcomes, and persistent institutional deficits in investigation, prosecution, and adjudication. This paper undertakes a doctrinal and socio-legal analysis of the evolving statutory architecture governing rape and allied sexual offences, with particular emphasis on the transition to the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA). It maps how BNS consolidates and prioritises offences against women and children, including rape and aggravated variants, while retaining key contestations such as the marital rape exception for adult wives. The paper further evaluates BNSS-led procedural changes concerning investigation management, timelines, and victim participation, and examines how BSA’s reworked evidentiary regime, including rules around testimony, presumptions, and electronic records, may recalibrate proof and trial strategy in sexual offence litigation. Beyond the core codes, the research situates rape adjudication within a broader ecosystem of special statutes and remedial schemes, including POCSO (as amended), the Protection of Women from Domestic Violence Act, 2005, and the Information Technology Act, 2000 read with the Intermediary Guidelines Rules, 2021, which collectively address child sexual abuse, intimate-partner sexual abuse, and technology-facilitated sexual violence. It also assesses the operational efficacy of victim compensation frameworks carried forward under BNSS and protective measures such as the Witness Protection Scheme, 2018, highlighting fragmentation, uneven capacity, and weak coordination as recurring barriers to meaningful redress. The paper concludes that India requires a second-generation reform agenda focused on institutional accountability, trauma-informed procedures, and enforceable survivor-centric remedies, so that the promise of the new criminal justice codes translates into timely, dignified, and effective justice in practice.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 432–458.
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