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
Date Written: January 24, 2023
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
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