Rape Laws In India With Specific Reference To Presumption In Favour Of Victim

Rape Laws In India With Specific Reference To Presumption In Favour Of Victim Under The Indian Evidence Act, 1872

Sukanya Bhat, Symbiosis Law School, Hyderabad

ABSTRACT

A sexual assault which involves sexual penetration or sexual intercourse without the person’s consent is called rape. In most of the cases, the victims are elderly women. In some cases, the victims are children. Few victims have critical injuries and the assault has a serious impact on the victim - both physical and mental, causing severe trauma that lasts for life. Not only the victims but her family members are also affected. This paper focuses on Section 114-A of the Indian Evidence Act, 1872 which deals with the presumption in favour of the victim and gives a gist of the Sections of the Indian Penal code which set out laws regarding the heinous crime of rape and the punishments related to the same. The method of research used is the doctrinal method of research. The questions which shall be answered through this paper are what exactly was the amendment made to section 114-A of the Indian Evidence Act, 1872 and the reason behind it. Also, it will attempt to answer whether the amendment is an infringement of the moral rights of the accused. After reading the paper one will be able to understand the types of rape according to Section 375 of the Indian Penal Code and the punishments stipulated for this heinous crime. The researcher also aims to provide solutions that might help in reducing this crime to some extent.