A Critical Analysis of the Standard of Consent in Rape Law in India

Onati Socio-legal Series, Volume 13, Issue 4, 2023, pp 1428-1456

29 Pages Posted: 25 Jan 2023 Last revised: 28 Jul 2023

See all articles by Nikunj Kulshreshtha

Nikunj Kulshreshtha

O. P. Jindal Global University - Jindal Global Law School (JGLS)

Date Written: January 24, 2023

Abstract

This article critically analyses the standard of consent in rape law in India by engaging in a doctrinal analysis of the current jurisprudence. It also analyses various extraneous circumstances influencing the determination of consent in Indian rape law. The article will then assess the status of consent jurisprudence and related issues in the English and Canadian jurisdictions for a comparative assessment. Thereafter, it will critically assess the arguments in favour of an affirmative standard of consent before concluding with possible solutions for better interpretation of the law in determining consent by courts during rape trials in India.

Keywords: Indian penal code, Indian rape law, affirmative standard of consent, complainant credibility

Suggested Citation

Kulshreshtha, Nikunj, A Critical Analysis of the Standard of Consent in Rape Law in India (January 24, 2023). Onati Socio-legal Series, Volume 13, Issue 4, 2023, pp 1428-1456, Available at SSRN: https://ssrn.com/abstract=4336646

Nikunj Kulshreshtha (Contact Author)

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Sonipat Narela Road
Near Jagdishpur Village
Sonipat, Haryana 131001
India

HOME PAGE: http://jgu.edu.in/jgls/nikunj-kulshreshtha/

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