Rape Laws in India
The major development in the Rape laws in India was achieved through two significant steps taken by the Government of India. Firstly, in 2013, an amendment was introduced following the Nirbhaya case. Secondly, in the last year, amendments were made to three major Criminal laws.
Rape Laws in India
In today’s society, we are confronted with a significant amount of criminal activities, including cybercrime and fraud. To address these issues, effective criminal laws are essential. Prior to the introduction of the new Criminal Law, the legal framework consisted of colonial laws such as the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872. However, following the 2023 amendment, these old laws were repealed by the Indian government. In their place, three new bills were introduced, which received presidential assent on December 25, 2023, and ultimately came into effect on July 1, 2024. There are a lot of changes done by the Indian law makers but here we are concerned with the Rape cases which is called as Sexual offences as against women. (Rape Laws in India)
There are many provisions that deals with the rape laws in India in the Bharatiya Nyaya Sanhita 2023, hereinafter referred as BNS 2023, which repleaed the Indian Penal Code 1860.
In BNS 2023, we have Chapter No. V, which deals with “OF OFFENSES AGAINST WOMAN AND CHILD” starts with section 63 till section 99, majorly Rape Laws in India.
Section 63 – Rape: Defines rape as non-consensual penetration of the vagina, mouth, urethra, or anus using any body part or object. Includes manipulation or application of force to cause penetration. Consent must be free and informed; consent obtained by threat, fear, or intoxication is invalid. Punishment: Minimum 10 years to life imprisonment, plus a fine.
Section 64 – Punishment for Rape in Certain Circumstances: Applies when rape is committed by:
Punishment: Life imprisonment for the remainder of natural life and fine.
Section 65 – Rape of a Minor (Below 12 Years): Applies when the victim is below 12 years of age. Punishment: Minimum 20 years to life imprisonment, or death penalty, plus fine.
Section 66 – Causing Death or Persistent Vegetative State of Victim: Applies when rape results in death or causes the victim to enter a vegetative state. Punishment: Life imprisonment (remainder of natural life) or death penalty, plus fine.
Section 67 – Marital Rape Exception: Maintains exception: Sexual intercourse by a man with his wife, if she is not under 18 years of age, is not rape. This provision continues the controversial marital rape exception from IPC.
Section 68 – Sexual Intercourse by a Person in Authority: Applies when someone in a position of authority or trust (e.g., hospital, educational institution, jail) abuses power for sexual intercourse without valid consent. Punishment: Up to 10 years of imprisonment, and fine.
Section 69 – Repeated Offenders in Rape Cases: For convicts who repeatedly commit rape, especially after being convicted once. Punishment: Imprisonment for remainder of natural life, or death penalty.
Section 70 – Gang Rape: Applies when a woman is raped by two or more persons acting together or with common intention. Punishment: Minimum 20 years, which may extend to life imprisonment for remainder of natural life, plus fine payable to the victim.
Section 71 – Gang Rape of a Minor (Under 18 Years): When a minor girl is gang-raped, stricter punishment applies. Punishment: Life imprisonment for natural life, or death penalty, and fine for victim’s medical and rehabilitation expenses.
Section 72 – Disclosure of Identity of the Victim: Prohibits publishing or disclosing the identity of a rape victim in media, public documents, or online. Punishment: Up to 2 years’ imprisonment and a fine.
While BNS covers the substantive law, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs the criminal procedure, which includes:
There are many cases in which the concept of rape has been discussed by the court, leading to several landmark judgments. Let’s discuss some of these important rulings regarding the rape laws in India and there cases:
The Court directed that the identity of rape survivors must be protected at every stage—FIR, investigation, trial, and media reporting.
👉 Impact: Ensures victim privacy and safeguards dignity.
The Court emphasized that in rape cases, the sole testimony of the prosecutrix (victim) is sufficient for conviction if it inspires confidence.
👉 Impact: Strengthens the victim’s voice and reduces dependence on corroboration.
The Supreme Court declared the “two-finger test” as unconstitutional and violative of the right to dignity under Article 21 of the Constitution.
👉 Impact: Protects victims from degrading medical practices.
The acquittal of police officers accused of raping a tribal girl led to national outrage and was instrumental in amending rape laws in 1983.
👉 Impact: Laid foundation for rape law reforms and consent-based jurisprudence.
The Court held that police must register an FIR immediately upon receiving information about a cognizable offence like rape.
👉 Impact: Ensures prompt action and accountability by law enforcement.
Strong Punishments: Acts as a deterrent, especially in gang rape and child rape cases.
Victim-Centric Approach: Fast-track courts, legal aid, and compensation schemes promote survivor support.
Time-Bound Procedures: BNSS ensures quicker filing of chargesheets and streamlined investigation.
Protection from Character Assassination: Past sexual history of the victim is inadmissible in court.
Expanded Definition: BNS includes all forms of non-consensual penetration, ensuring a broader scope of justice. Rape Laws in India
Low Conviction Rates: Often due to poor investigation, delayed trials, and hostile witnesses.
Police Apathy and Bias: Victims, especially from marginalized backgrounds, face resistance when filing FIRs.
Social Stigma: Fear of shame or societal backlash often silences survivors.
Misuse Allegations: Though rare, there are occasional cases of false reporting, leading to public debate.
Institutional Inaction: Many educational and professional institutions fail to implement preventive frameworks. (Rape laws in india)
BNSS, 2023: Mandates time-bound investigation and filing of a chargesheet (Section 193) and fast-track trials (Section 283).
BSA, 2023: Preserves the principle that evidence like medical reports, digital proof, and CCTV footage are admissible without bias.
Victim Compensation: Survivors are eligible for compensation through State Legal Services Authorities under updated schemes. Rape Laws in India
India’s rape laws have evolved significantly—from narrow definitions and colonial biases to inclusive, survivor-sensitive statutes under the Bharatiya Nyaya Sanhita. Yet, challenges like police insensitivity, social pressure, and delays continue to hinder true justice. The way forward lies not just in having strong laws but in their consistent enforcement, awareness at the grassroots level, and a societal shift toward supporting survivors rather than shaming them. The judiciary has played a powerful role in protecting victims’ rights, and continued vigilance is needed to ensure that these legal protections are not just on paper but practiced in reality. The brief discussion on the Rape Laws in India.
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