Author(s): Neha Dhillon and Dr. Arti Sharma

Abstract: This research paper delves into the evolving nature of rape laws in India, particularly in light of the recent legislative shift from the Indian Penal Code (IPC), 1860 to the Bharatiya Nyaya Sanhita (BNS), 2023. It aims to provide a comprehensive legal analysis of how the definition of rape, procedural norms, and judicial interpretations have transformed over time. The paper investigates how legal provisions have responded to growing public awareness, media attention, and feminist critiques, especially after high-profile cases like the Nirbhaya gang rape (2012). It also highlights how the BNS, while modernizing certain aspects like punishment severity and procedural reforms, still retains controversial elements such as the marital rape exception and a gender-specific definition of rape. Furthermore, the study reviews landmark judgments, legislative amendments, and ongoing implementation gaps, drawing attention to the dissonance between written law and real-world justice delivery. Ultimately, the paper argues that despite legal advancements, systemic issues such as low conviction rates, societal stigma, and weak enforcement continue to obstruct access to justice for survivors of sexual violence in India.

DOI: 10.22271/civillaw.2025.v5.i2b.156

Pages: 156-158 | Views: 113 | Downloads: 53

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