Open Access Research Article
White Black Legal – International Law Journal · ISSN 2581-8503
Rethinking Deterrence in Indian Rape Laws: Beyond Harsher Punishments.
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Abstract
RETHINKING DETERRENCE IN INDIAN RAPE LAWS: BEYOND HARSHER
PUNISHMENTS
AUTHORED BY -
MS. GAYATRI HEDAOO & DR. RUTUJA PUROHIT[1]
Abstract
Rape is associated with person’s sense of safety and self-worth. Law making process
in India has made more
stricter punishments and stringent laws for rape, in order to create fear. The Deterrence theory is prevalent in
Indian system. But the National Crime
Records Bureau[2] data doesn’t
reflect any significant change in rape cases. So, is this the high time to learn from past mistakes and change
the approach?
This paper flows from change in Indian rape laws. It also highlights two landmark cases, which shook the country the Mathura
Rape Case and the Nirbhaya Case. These cases changed entire narrative and confronted hard truths about consent, justice,
and the treatment of survivors. From the virtue of these cases, deeper
social issue reflected about deep seated beliefs regarding gender, consent and
power.
To understand all this, the study travels
from the evolution of Indian rape laws, to major court decisions and Law Commission
reports, and dives into crime data. By lining up India’s reforms next to
those in Sweden, the UK, and the US, the analysis spotlights what sets India apart—and what lessons, good or bad,
come from overseas.
Keywords: Rape Laws, Deterrence Theory,
Consent, Penal Reform,
Sexual Violence.
Introduction
The word “Rape” finds its origin in the Latin term ‘Rapere’ which means, snatching, grabbing, and carrying away.[3]
Sir Matthew Hale, an eminent jurist defined Rape as being a “vaginal
penetration by a man over a female
above the age of 10 years and against her will.”[4] Following the adoption of the common law system in India, Lord Macaulay formalized and clearly defined penal provisions relating to rape
under the IPC to ensure uniform application, thereby laying the foundation for the legal framework governing
sexual assault under the Indian
criminal law.[5]
Today, in India, Section
63 of the Bharatiya Nyaya
Sanhita provides the definition of rape,[6] “A man is said to commit "rape" if
he
a)
penetrates his
penis, to any extent, into the vagina, mouth, urethra or anus of a woman or
makes her to do so with him or any other person; or
b)
inserts, to any extent, any object or a part of
the body, not being the penis, into the
vagina, the urethra or anus of a woman or makes her to do so with him or
any other person; or
c)
manipulates any
part of the body of a woman so as to cause penetration into the vagina,
urethra, anus or any part of body of such woman or makes her to do so with him
or any other person; or
d)
applies his mouth
to the vagina, anus, urethra of a woman or makes her to do so with him or any
other person, under the circumstances falling
under any of the following
seven descriptions:
(i)
against her will;
(ii)
without her consent;
(iii) with her consent, when her consent has been obtained
by putting her or any person in whom she is interested, in fear of death or of
hurt;
(iv) with her consent, when the man knows that he is not
her husband and that her consent is given because she believes that he is
another man to whom she is or believes herself to be lawfully married;
(v)
with her consent
when, at the time of giving such consent, by reason of unsoundness of mind or
intoxication or the administration by him personally or through another of any
stupefying or unwholesome substance, she is unable
to understand the nature and consequences
of that to which she gives consent;
(vi)
with or without her consent, when she is under
eighteen years of age;
(vii)
when she is
unable to communicate consent.”[7]
Societal Perspective towards rape:
Historically, the law was based on a system
where men were,
in charge and women were treated
like they were owned by men. Although women enjoyed relatively greater status
during the Vedic period, societal perceptions gradually shifted, and women
increasingly came to be viewed as
frameworks of male ownership and control. Consequently, sexual violence came to
be treated less as a denial of women’s bodily agency and more as an offence
against family honour and male authority. Such perceptions reinforced gender inequality and shaped legal
and social responses to rape, prioritising patriarchal values over
women’s rights and agency.[8]
Literature Review
Following literature has been reviewed:
1. Rape Laws in India by Dr. Dipa
Dube[9]
‘Rape Laws in India’
analyses core issues
in rape laws in force in India.
The subject has been
dealt with comprehensively, while unearthing the historical influences in the laws, revealing patriarchal overtones,
and criticizing the conventional and conformist traditions of judicial decision
making. The entire development of the law has been traced with emphasis on
shifting concerns and focus. Emerging issues in rape laws in India and
practicable suggestions find a place in the book. Overall, it attempts an
informative and critical study of the subject from diverse perspectives.
2. An Extensive Study
Of Rape Laws In India - Tejaswini Mallick[10]
This paper gives a
theoretical understanding of anti-rape laws and its evolution, from being a
property crime to crime against the bodily integrity of a woman. This paper
traces its origin from the English common law and goes on to analyze the
landmark cases from Mathura rape case to the recent Kathua rape case which
brought about the progressive amendments in anti- rape laws under the Indian
Penal Code. It concludes with the suggestion for change from not just the legislative level but also from the social
and cultural level.
3. Consent Matters: A Comparative Study of Rape Laws in
India, UK and Canada - Soyonika Gogoi[11]
In Rape, the private
and personal space of a women is violated. It’s said to be an invasion of a woman’s
body. Over the years, the Indian rape laws have evolved leading to legislative transformation and received various
judicial interpretations. An attempt is made
in this paper to do a comparative analysis of the statutory rape laws in the United Kingdom, Canada and India.
International conventions drafted for protection of any kind of violence
against women and girl child is also included in the paper. The conclusion
comprises the overview of the study and the drawbacks in the legislations of
each country and their way out.
4. Why do men rape? Understanding the determinants of
rapes in India - Sharanya Basu Roya
and Sayantan Ghosh Dastidarb[12]
The study examines that there is no impact
of education and economic growth,
pointing towards a larger role of social and cultural factors in this
context. The effect of deterrence variables (such as the number of police
stations) is non-existent, possibly pointing
towards the incompetency of the police force.
Social attitude towards
women emerged as the most
robust predictor of the extent of rapes in India. The paper argues that the fundamental problem lies in the misogyny
deeply rooted in the Indian
society.
Objectives
1. To examine the effectiveness of deterrence-based punishments in Indian rape laws.
2. To evaluate the role of consent-based and societal reforms
in addressing sexual violence.
Hypothesis
Despite the strengthening of punishment sanctions in Indian rape laws, there has
not been any considerable decrease in the cases of rape; thus,
deterrence based solely on punishment has failed to produce effective results and has to be supported by changes in society and institutions
as well.
Research Methodology
For this study, a
doctrinal approach is applied in order to explore the effectiveness of
deterrence-based punishment in the rape laws in India using both comparative
and analytical methods. In terms of the sources of information used in this study, both primary and secondary
sources will be employed, the former comprising statutory sources like
Bharatiya Nyaya Sanhita, judgments from different courts,
Law Commission Reports,
statistics provided by the
National Crime Records Bureau, while the latter will consist of monographs, research papers, journals,
reports, and literature. Furthermore, a comparative analysis of the legal
strategies pursued in Sweden,
the United Kingdom,
and the United States will be carried
out in this paper.
Dual
Foundational Cases and Subsequent Changes
in Legislation Judicial Approach Prior to the Mathura Rape Case:
For Rape cases, 1950s
to 1970s era can be highlighted for the court’s narrower and rigid viewpoint on consent. Judges used to show lack of trust in the cases of rape of adult or married
women. They had a viewpoint that if a
women has not retaliated then she consented for rape. Take Gopi Shanker v. State of Rajasthan[13] as an example. The
Medical evidence was supporting the victim’s
story, facts were also in the victim’s
favour. But the Judges twisted
her actions and suggested that she
agreed for Rape. Just because, she didn’t show resilience and it was interpreted as silent
approval rather than exhaustion. This case is a classic
example of, how system failed to support it’s victim.
The Mathura
Rape case:
In Tukaram & Ors. v. State of Maharashtra, 1972[14], The Mathura was
young Adivasi woman, who alleged that, she was raped under police custody. The
trial court dismissed the matter by showing
Mathura’s consent and labelling her as “Habituated to sexual
intercourse”. Whereas, High court overturned the lower courts decision. But at the end, Supreme
Court said, absence of
injuries or force are “proof of consent”. Public outrage was erupted. The point
of debate came forward that, resistance is not similar
to agreement. The submission can be out of
fear.
The Criminal
Law (Second Amendment) Act, 1983:
The protest led to
introduction of Criminal Law (Second Amendment) Act, 1983. The real safeguards
were created. New sections like custodial rape, and importantly, Section 114A
of the Indian Evidence Act shifted
the burden of proof from victim to on accused. These
reforms put positive impact
on society from blaming victims
to holding perpetrators accountable. Hence
making it clear that, Submission or lack of resistance is not similar to
consent.[15]
For deeper
understanding, after few years, 84th Report
on Rape and Allied Offences
(1980)[16]
was presented. The main focus was on
the topic of consent, Burden of proof and Conducting trials. The Commission
declared rape as “suppression of liberty”. The Commission also focused on
creating more victim centred system. They clarified that, consent obtained from
coercion cannot be a free consent. Also widened the scope of coercion by including emotional intimidation, threats
to reputation and property apart from physical
threats.
The Nirbhaya case:
The 2012 Delhi gang rape Mukesh &
Anr. Vs. State (NCT of Delhi)[17] shook the system. The victim suffered brutal sexual
assault. Entire country witnessed public protest in support of victim and deep rooted issues in law like, inefficiency of law to identify specific
sexual assault and absence of
strict provisions for gang rape were highlighted. Out of pressure, the
government set up, Justice Verma Committee for recommending changes.
Justice J.S. Verma Committee:
The committee gave
progressive suggestions like, giving right of Sexual autonomy, introducing gender
neutral laws and legal protection for children against Sexual abuse. But only
few suggestions could only turn into actual law.
The committee’s report
gained significant attention in the aftermath of the Nirbhaya Case, as strong
public opinion demanded legal reform. Consequently, amendments were introduced
that, ‘expanded the definition of rape to include various forms of penetration’.
The Criminal Law (Amendment) Act, 2013, incorporated many of the Committee’s suggestions, though some were
excluded. Despite these changes, the incidence of sexual offences did not
decline significantly, and several serious
incidents, such as the Unnao and
Kathua cases, continued to occur.
Consequently, further legislative action followed through the enactment
Criminal Law (Amendment) Act, 2018.
The Criminal
(Amendment) Act, 2018:
The Criminal Law
(Amendment) Act, 2018 introduced
significant amendments to the Indian Penal Code, the Indian Evidence Act, 1872, the Code of Criminal
Procedure, 1973, and the Protection of Children
from Sexual Offences
Act, 2012. The Act amended
provisions including Sections
166A, 228A, and 376 IPC, and inserted Sections 376AB, 376DA and 376DB to
strengthen legal provisions relating to sexual
offences against minors.[18] The amendments were primarily introduced for “enhancing
punishments by prescribing stricter minimum sentences, including rigorous
imprisonment for offences involving children and, in certain aggravated cases,
life imprisonment or the death penalty.” These changes reflected an increased
reliance on deterrent approach through harsher penal measures.
Conceptual Framework: Punishment and Deterrence Theory
Modern criminal
jurisprudence recognizes crime as a public wrong. According to Tappan, “Crime
is an intentional act or omission violating criminal law and punishable by the State.”[19]
To address criminal conduct, various
theories of punishment have been developed. Deterrence is a key
concept in classical criminology. The theory of deterrence is perceived as a
psychological process, for deterring potential offenders from the commission of
a criminal act[20]. Deterrence theory,
rooted in the ideas of Thomas Hobbes,
Jeremy Bentham, and Cesare Beccaria, views punishment as a mechanism for
preventing crime through fear of consequences. Bentham argued that “punishment
should discourage both offenders and potential
offenders by creating
a deterrent effect.”[21] The theory assumes
that individuals refrain from crime when punishment is
certain, swift, and severe.
In the context of rape
laws, India has largely adopted a deterrence-based approach in which major
incidents have often been followed by legislative amendments introducing
stricter punishments to enhance deterrence. However, NCRB data indicates no significant reduction in rape cases despite
increased severity of punishments and legislative reforms. Relying only on
harsh punishments to tackle sexual violence really doesn’t hold up when look
closer. The theory of deterrence states that people do not commit crimes
because they are afraid of being arrested and punished. While this rationale
may have considerable explanatory value for offences such as theft or fraud,
rape cannot be reduced to a matter
of opportunity or temptation
alone but is rooted in issues of power and control, gender inequality and
prevailing social conditioning.[22] Hence,
an over-reliance on strict legislation as a deterrent mechanism does not address the underlying drivers of the
offence.
Punishment has to be
certain and it has to be severe to deter.[23]
However, NCRB data shows alarmingly low rates of convictions for rape in India – 27.4% in 2022, dropping
to 24.2% in 2023, and staying largely
stagnant at 24.4%
in 2024.[24] When the statutory
punishment is severe in
name, public confidence in the efficacy
of the legal system is correspondingly eroded
where the great majority of cases fail to result in conviction. Although the legislature has gradually
increased the severity of sentencing provisions, the lack of comparable
certainty of enforcement significantly reduces the deterrent effect of such
measures. Punishment alone is not enough; real change requires more fundamental
shifts in social attitudes and structures.
In this regard, feminist
jurisprudence seems to be of great importance in showing the structural
link between sexual violence and the subordinate social position of women and the persistence of gender norms. Rape
prevention needs changing wider social conditions rather than just passing
stricter laws.[25]
It can be done by, educating
children and adults about consent, gender equality and mutual respect from an
early age. Also, conducting public
awareness campaigns in order to invalidate current rape myths and removing the
practice of victim-blaming. In addition to it, Sense of collective community responsibility should be evolved and development
of comprehensive support systems for survivors, including counselling, legal
assistance and advocacy services should be adopted. These steps help the
survivors heal, make it easier for them to speak up, reduce the power of stigma
and misconception, and increase the chances of bringing the culprits to
justice.[26]
Necessity of punishments:
Punishment in modern
criminal jurisprudence serves purposes beyond inflicting suffering; it
maintains public order, ensures accountability, and reinforces legal norms. Therefore, despite limitations of deterrence and the need for social reform, punishment in rape offences
cannot be disregarded. Reformative approaches often require
long-term societal and behavioural change,
and no reliable mechanism exists to determine complete rehabilitation or
eliminate the possibility of reoffending.
A four-year-old girl was sexually assaulted
and killed at Nasrapur village in Pune district of Maharashtra by a 65-year-old man. The police stated that the girl was sexually
assaulted inside the shed,
before being killed.[27] The accused had previously been prosecuted for sexual offences but was later acquitted, again
raising concerns regarding public safety and institutional accountability.[28]
Such cases reflects societal need for punishment. It gives an immediate
function by ensuring accountability and preserving social
order. Deterrence has some capacity to deter certain sorts of
criminal behavior. Hence, the society cannot totally give up the Punishments. But, Punishment should work along with wider social reforms.
This will help to go into
roots of sexual violence. Punishment
definitely plays an important role in sexual violence, but it is just surface
level remedy. When only Punitive
measures are made important
then the larger structural context hides behind it. Sexual violence is the
mixed with power imbalances, gender inequality and social norms which shapes
patterns of thought and behaviour.
Therefore, alongside
punishment, greater emphasis on broader social reforms and preventive measures
is necessary.
Comparative Analysis - The United States Model:
The adoption of
Bharatiya Nyaya Sanhita (BNS) and 2013 amendments brought significant
legislative changes in addressing sexual
violence; still, the approach continues to stay different from certain international
practices.
Under the BNS, rape cases must have “clear and unequivocal consent” which is given without coercion. Indian law indicates
stringent punishments, ranging from life imprisonment to the death
penalty in aggravated cases. In the past few years, India is adopting
more victim – centric
approach in trials, hence, victim’s past sexual history is an inadmissible
evidence.
In comparison, America follows a state-based model
for defining and prosecuting rape.
Though sexual assault laws vary across
states, most jurisdictions adopt a broader
definition of rape and
penalties generally ranging from fixed term imprisonment to life sentences.
A key feature of
U.S. anti-rape laws is
the presence of “rape shield laws,” which restrict the use of evidence
concerning a victim’s prior sexual conduct.[29]
Additionally, the United States has developed institutional
mechanisms to support survivors, including crisis intervention facilities,
protective measures, and legal assistance services that help victims
navigate judicial proceedings and recovery.[30]
The
U.K. Model:
In the U.K., The Sexual Offences Act 2003, lays out the legal definitions of sexual offenses,
spells out what consent means, and sets the penalties. The United Kingdom and
India are examples of countries
that give harsh punishments including life in prison
for rape. These laws
look good on paper. They are only a small
part of a much bigger and more complicated issue.[31]
The U.K. system adopts more victim-centred approach and preventive
approach whereas, Indian framework focuses more on legal definitions
and punishments. It ensures strong protection for minors and vulnerable adults
and allows measures such as giving evidence via video link to reduce the trauma of courtroom
proceedings. Additionally, the important part of
U.K. system is consent education as part of its
preventive strategy. It recognises the societal attitudes towards consent and
play a crucial role in the prevalence of sexual violence.[32]
This approach highlights a shift from a solely punitive model towards
addressing underlying social factors. In this regard, while
India has strengthened its legal framework through reforms, the comparative model suggests that effective responses to sexual violence
may require combining legal sanctions with preventive
and survivor- oriented mechanisms.
The United Nations Committee on the
Elimination of Discrimination against Women (CEDAW Committee), “has in the past five years urged several
European states to bring their legislation on rape in line with
international standards, including the
Istanbul Convention, and to define rape based on the absence of consent.”[33]
The Act extends its jurisdiction beyond
national borders by providing that UK citizens who commit acts abroad that would constitute sexual offences under the Sexual
Offences Act, 2003 can still be prosecuted as though the
offence had occurred within the UK.
Sweden model:
Sweden has maintained a
long-standing commitment to sexuality
education, introducing compulsory instruction in schools as early as 1955
and progressively expanding it to include themes such as relationships, gender equality, consent,
and social norms.
Unlike India, Sweden adopts preventive strategy by integrating sexuality
education in the educational levels through
interdisciplinary approach.
In 2022,
Sweden updated it’s curriculum to strengthen content
on gender equality
and introduce more
comprehensive sexuality education. As part of this reformation, the subject
area was redefined and renamed as “sexuality, consent, and relationships”. In
this regard, the example of Sweden can be provided
as well, indicating that preventing sexual
violence is not limited by legal actions but should involve
social education. As a part of the
global movement towards long-term attitude change instead of reactive
legislation.
In 2018, Sweden adopted
a new legal provision, according to which rape has been legally defined in terms of lack of consent, rather
than force.[34] After
the implementation of the reform, it became clear that the rate
of rape conviction has increased significantly, being 15%
in 2017 and reaching 26% in
2023.[35] It means that, legal reforms can be effective in combination with
better investigation methods, evidence-based mechanisms, and social awareness
programs aimed at the promotion of preventive actions.
In other
words, although the country
has made efforts
to improve rape laws, the main focus of
the current framework is on punishment and legislation. It shows that the legal approach alone is insufficient without social
measures. In light of the fact that Sweden is focused more on preventive and
victim-centered actions, such as educating about consent and changing the
attitude of people, the country serves as an excellent example for India.
Scope of the Study
The methodology adopted
for this study includes statutory interpretation, judicial precedent,
literature review, policy
reports and NCRB data where available. The present study is doctrinal in nature and does not use empirical techniques such as field
research, interviews or surveys of victims, offenders and law enforcement
agencies.
Limitations of the Study
The methodology adopted
for this study includes statutory interpretation, judicial precedent,
literature review, policy
reports and NCRB data where available. The present study is doctrinal in nature and does not use empirical techniques such as field
research, interviews or surveys of victims, offenders and law enforcement
agencies. Further, while comparative references to Sweden, the United Kingdom,
and the United States have been included. The research primarily studies
relationship between deterrence and rape offences and therefore does not
comprehensively examine other theories of punishment or all socio-economic
factors contributing to sexual violence.
Conclusion
The offence of ‘Rape’ has undergone significant legislative and
societal change, not only in India but across the world. The legal
understanding of rape evolved from having a narrower and simpler definition to a more broad and comprehensive understanding. Following Mathura case, the judiciary and society as a whole became more sensitive toward rape victims and a positive
change could be observed. The Nirbhaya
case marked as a turning
point for the entire
society as, The Justice J.S. Verma
Committee recommended reforms that later influenced the expansion of the legal definition of rape.
Most importantly, greater
emphasis on clear consent was
given. The age of consent was also increased from 16 to 18 years and different
possible circumstances were recognized. The Criminal (Amendment) act of 2018 introduced stricter punishments by
increasing minimum sentences and penalties.
The statistics provided by NCRB show no visible reduction
in the crime of rape[36],
despite the efforts made by Government to increase the severity of
punishments in all these years. It has been observed
that India has consistently recorded
more than 30,000
rape cases annually[37].
This figure reflects both institutional and societal shortcomings. In the year 1980, the landmark
judgement of Bachan Singh v. State of
Punjab (‘Bachan Singh’)[38], Justice P.N. Bhagwati, in his minority opinion,
argued that, “it is the certainty of punishment, not its severity, that acts as a
deterrent”. He further stated that, ‘capital punishment lacks a meaningful
connection to reformation, a principle emphasized in modern penology. By
imposing the death penalty, the State eliminates any possibility of reforming
the offender.’
The findings of the
present study indicate that deterrence has not achieved its intended objectives
because the Indian legal response has increasingly emphasized the severity of
punishment while the certainty of punishment remains
comparatively weak. NCRB conviction
data, institutional shortcomings such as delayed investigations,
underreporting, evidentiary difficulties, and social
stigma reduce the perceived certainty
of legal consequences and thereby weaken
deterrent impact.
Further, criminological
and feminist perspectives suggest that sexual violence cannot be understood merely
as a rational-choice offence. According to Feminist jurisprudence, rape is a reflection of broader structures of
patriarchy, gender inequality, power imbalance, and social conditioning. Therefore, sexual violence goes beyond fear of legal
punishment, hence limiting the effectiveness of deterrence
as a standalone approach.
Another important
factor which is reflected in NCRB data is that, a significant proportion of
rape offences involve perpetrators known to the victim.[39]
This has important implications for reporting behaviour. The Empirical research
suggests that, victims delay reporting to law enforcement agencies, if the
offender is known to the victim compared to cases involving strangers. In this context,
it is also plausible to argue
that the existence of severe
punishments, such as the death penalty,
may further discourage reporting in such cases. However,
this aspect remains
underexplored and requires further empirical validation.
Any reform
would involve taking
societal and legislative action in India.
There has to be a shift
from top-down interventions to bottom-up solutions and focus on addressing the root cause of sexual violence in society. One
exemplary country would be Sweden in the way it handles sexuality education. Children in Sweden are taught
about empowerment, integrity, identity and body
integrity including the rights to privacy and respect. They are also provided
education regarding issues of sexual and gender identity without any taboo
along with the need for freedom from discrimination, harassment and violence.
Furthermore, the 2018 Swedish law which emphasizes consent
and not the lack of force has made a major paradigm
shift in its legal
position.[40] India could definitely learn from the way in which education
about age-appropriate consent
and gender-sensitization programs and
public campaigns against rape myths and victim blaming
could benefit the country.
In similar fashion, the
UK has a thorough legal definition of consent and adopts a victim centered approach
which ensures that there is sufficient provision
to provide proper care to the
victims of crime during legal process. India can certainly follow the lead of
such examples where there is a combination of both societal reform along with
the legal reform. There could be some
additional actions like the setting up of victim-centered institutional
structures like counseling, legal aid, survivor support systems and better
coordination between investigation and judiciary.
It is clear that there
has to be a holistic approach to the problem which involves legal,
institutional as well as social reforms. While it is imperative that there is need of punishment to maintain accountability and
protect society from harm, the meager evidence suggests that such punishments
alone don’t have the capacity to reduce rape offenses.[41]
Deterrence cannot be separated from social context.
Hence, change will require
legislative as well as educational programs and sensitization
programs against the prevailing patriarchal attitudes of society.
[1] Dr. Rutuja
Purohit, Assistant Professor of Law at
Shankarrao Chavan Law College and Ms. Gayatri Hedaoo, Student of Shankarrao Chavan Law College.
[2] National Crime Records Bureau,
Crime in India
2022 (2023); National
Crime Records Bureau,
Crime in India 2023 (2024);
National Crime Records Bureau, Crime in India 2024 (2025)
[3] Shaunak Sharma & Apporva Singh, Shifting Paradigm: An Analysis of Evolution of Rape Laws in India, 6(3) Int’l J. L. Mgmt. & Human. 3690,
3693 (2023).
[4] s Kumar
& Tanaya Kamlakar, Deconstructing Anomalies: Rethinking Rape Laws Through
Lens of Evolving Jurisprudence on Gender and
Sexuality in India, ILI L. Rev. (Summer 2024)
[5] Id.
[6] Bharatiya Nyaya Sanhita, No. 45 of 2023, § 63 (India).
[7] Bharatiya Nyaya Sanhita, No. 45, Acts of Parliament, 2023, § 63 (India)
[8] Dube, supra note, at 18-22
[9] Dipa Dube,
Rape Laws in India (LexisNexis Butterworths 2008).
[10] Tejashwini Mallick,
An Extensive Study of Rape Laws in India,
Manupatra (2021).
[11] Soyonika Gogoi, Consent
Matters: A Comparative Study of Rape Laws in India, UK and Canada, 5 (1)
IJLMH Page 1395 - 1405 (2022), DOI: https://doij.org/10.10000/IJLMH.112670.
[12] Basu Roy, S.,
& Ghosh Dastidar, S. (2018). Why do men rape? Understanding the
determinants of rapes in India. Third World Quarterly, 39(8), 1435–1457. https://doi.org/10.1080/01436597.2018.1460200
[13] Gopi Shanker
v. State of Rajasthan, 1966 S.C.R. 152 (Raj. H.C.)
[14] Tukaram & Anr. v. State of Maharashtra, (1979)
2 S.C.C. 143
[15] Mallick, supra note.
[16] Sharma &
Singh, supra note 12, at 3697.
[17] Mukesh & Anr. v. State (NCT of Delhi),
(2017) 6 SCC 1 (India).
[18] Dube, supra note 1
[19] Swati Kaushal
& Harish Kumar
Tiwari, Exploring the Relevance of Deterrence Punishment and Its
Implications to Social Stability and Legal Sanction, 11 Russian L.J. 2023.
[20] Ayush Tazi, Rape, Capital
Punishment and Deterrence: An Analysis of India’s Penal
Approach, 5 Burnished L.J. 1 (2024)
[21] Swati Kaushal
& Harish Kumar
Tiwari, Exploring the Relevance of Deterrence Punishment and Its
Implications to Social Stability and Legal Sanction
[22] Prabal Kumar Sinha, Rape: An Assertion
of Male Power,
Authority and Dominant
Over the Opposite
Sex, IJRAR, June 2017, at 205–10
[23] Ayush Tazi, Rape, Capital
Punishment and Deterrence: An Analysis of India’s Penal
Approach, 5 Burnished L.J. 1 (2024)
[24] National Crime
Records Bureau, Crime in India 2022 (2023); National Crime Records Bureau,
Crime in India 2023 (2024); National Crime Records Bureau, Crime in India 2024
(2025).
[25] Ayush Tazi, Rape, Capital
Punishment and Deterrence: An Analysis of India’s Penal
Approach, 5 Burnished L.J. 1 (2024)
[26] Sudip Bhattacharya & Amarjeet Singh,
Guardians of Consent:
Enhancing Rape Prevention Through Social
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How to Cite This Article
MS. GAYATRI HEDAOO, DR. RUTUJA PUROHIT, Rethinking Deterrence in Indian Rape Laws: Beyond Harsher Punishments.., White Black Legal – International Law Journal, ISSN: 2581-8503, Vol. Volume 4, Issue VOLUME 4 ISSUE 1, September 2026, pp. 971-986. Available at: https://www.whiteblacklegal.co.in/details/rethinking-deterrence-in-indian-rape-laws-beyond-harsher-punishments
Author & Publication Record
Authors: MS. GAYATRI HEDAOO &
DR. RUTUJA PUROHIT
Registration ID: 107112 | Published Paper ID: WBL7112 & WBL7113
Year: Sep- 2026 | Volume: 4 | Issue: 1
Approved ISSN: 2581-8503 | Country: Delhi, India
Page No.: 971-986
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