Comparative Study Of The Definition Of Rape Before And After The Criminal (Amendment) Act, 2013

Prisha Sharma, O.P Jindal Global University

I. INTRODUCTION

Very rarely do we see a common bipartisan push for change in legislation in a large and divided democracy like India. However, the horrific and heinous crime committed in the cold winter night of December 2012 not only shocked the nation but also compelled the country’s lawmakers to have a decisive look at the country’s rape laws. The horrific Nirbhaya rape and murder case resulted in the Criminal Amendment Act of 2013. The Amendment not only established harsher retribution for sexual crimes but also changed the whole meaning and concept of rape in the legal sense within the country. In this paper, we will be clearly distinguishing between the rape laws in the country before and after the Criminal Amendment Act, 2013, which made some significant and much needed reforms to the country’s rape laws. Additionally, we will also make an earnest attempt in recognizing the shortcomings of the current landscape of the rape laws and propose certain ways to improve the situation.