Rape Jurisprudence In India: A Critical Analysis Of The Definition, Related Provisions, Gravity Of Offence And Punishments

Priyanshu Sharma & Mohit Choudhary, University College of Law, Mohanlal Sukhadia University, Udaipur

ABSTRACT

This research paper focuses on the analysis of the scope of the existing definition of the offence of rape and also gives an account of the background and development of rape jurisprudence in India. The offence of rape is a heinous crime and its impacts are everlasting on the victim’s physical, mental as well as social life. The research methodology used for this research paper is doctrinal method of research and the available data has been critically analyzed. This research concludes that the scope of the rape definition should be evaluated based on the legal elements of a crime and may vary from case to case. The historical context and evolution of the offense can be understood by examining significant rape cases and legal amendments. The severity of rape must be considered in light of its long-lasting impact on victims. Our Indian legal system needs to reconsider its approach to punishment. The deterrent theory, as seen in Islamic countries with lower rape rates, would be more effective. Imposing penalties coupled with social ostracism and media exposure could have a stronger psychological impact on criminals, potentially reducing sexual offenses. Rather than solely increasing prison terms, our criminal law should prioritize creating a deterrent effect on potential perpetrators.

Keywords: rape, sexual assault, theory of punishment, deterrent theory, Bhartiya Nyaya Sanhita, Indian Penal Code, Islamic penal code, Muslim Law