JOURNAL ARTICLE

Conundrum of Rape, Consensual Intercourse and Perjury in India.

  • Published In: Statute Law Review, 2024, v. 45, n. 3. P. 1 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Chadha, Vaibhav; Saxena, Shreya; Pundhir, Manya 3 of 3

Abstract

This article critically examines the offence of rape in India, focusing on cases involving deception through false promises of marriage and the challenges posed by false rape allegations. It analyzes the evolution of Indian rape laws, including recent reforms under the Bharatiya Nyaya Sanhita, 2023, and judicial interpretations distinguishing rape from consensual intercourse obtained under misconception or deceit. The article highlights the complexities of proving consent, the limited reliability of medical evidence, and the impact of delayed reporting on case outcomes. It also addresses the social and legal consequences of false rape accusations, emphasizing the stigma faced by the wrongfully accused and the insufficient enforcement of perjury laws against false complainants. The discussion concludes with suggestions for strengthening procedural safeguards to balance justice for both genuine victims and those falsely accused.

Additional Information

  • Source:Statute Law Review. 2024/12, Vol. 45, Issue 3, p1
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:01443593
  • DOI:10.1093/slr/hmae053
  • Accession Number:182368477
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