Research Paper
Rape: Legal changes towards justice for rape
The word “rape” has come from the Latin word “rapio” which means to “seize.” The crime of Rape is a major problem in India and this paper tries to highlight the same issue by giving an overview of sexual violence cases and the amendments brought to it. The criminal procedure code, Indian penal code, and Indian Evidence Act are the milestones discussed in this paper to give light on such sensitive topics of Rape in India. The stigma which exists in our society for a very long period of time is RAPE. The dictionary meaning of the word rape is “the ravishing or violation of a woman.” The woman who is the victim of the rape undergoes a traumatic situation and it is really very difficult for a woman to come out of this painful trauma. In India Rape is considered a cognizable offense. There are many various provisions under IPC (Indian Penal Code) rape is defined under article 375[1] of IPC, 1860. The definition of the crime is defined under this article and also it prescribes the punishment of rape. When a man penetrates or does a sexual activity or sexual intercourse with a woman without her consent, it will amount to rape. Here penetration means that even the slightest touch of the penis to the vagina amounts to rape, it cannot be said that rape is not committed if the hymen is ruptured. Under IPC it has been clearly mentioned that no person can disclose the name of the rape victim and if anybody does so, he will be punished with either description for a term that may extend to two years and shall also be liable for a fine. That person who commits such crimes is considered a psychologically sadistic person who commits such shameful crime of Rape. It is regarded as a threatening act towards a woman, it creates fear and humiliation in the mind of the victim. It is not an assault only against a woman but against her family and community as well. Sexual violence and domestic violence is not only a national problem but a global problem. Though many efforts need to be done to provide justice to all the victims of Rape. Legislative acts and judicial judgments can bring major changes in society. Investigative officers and health care departments play a vital role in such sensitive matters especially during criminal trials going against the prosecutor. Every state should try to bring positive changes towards providing justice to sexual assault victims, 164(A) CrPC, Section 164A (7) CrPC, section 39 CrPC, section 375 IPC or 376 IPC, 176 CrPC, Section (1A),
Published by: Isha Pandey
Author: Isha Pandey
Paper ID: V7I4-1831
Paper Status: published
Published: August 25, 2021
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