The Contemporary Status of Rape Shield Laws in India
The International Journal of Evidence & Proof, Volume 27, Issue 1, 2023, pp 3-25
49 Pages Posted: 14 Dec 2022 Last revised: 3 Jan 2023
Date Written: November 27, 2022
This article critically analyses the current status of rape shield laws in India. The article begins by assessing the effectiveness of these laws by examining the statutory provisions and judicial precedents in India using a doctrinal methodology. The article would then assess the status of rape shield laws and their jurisprudence in England and Wales, and Canada for a comparative assessment and to draw valuable lessons for the Indian jurisdiction. It would also help address growing concerns about the possible overreach of these laws on the defendant`s right to a fair trial. Finally, the article will conclude with possible solutions for effectively implementing these laws in India while balancing the interests of the accused and the complainants.
Keywords: Law of Evidence, Indian Rape Shield Law, Prior Sexual History, Right to a Fair Trial, Legal Realism in India
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