Low Conviction Rate in Rape Cases: A Critical Analysis

  • Prabhat Shankar and Priya Ranjan
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  • Prabhat Shankar

    LLM student at Rashtriya Raksha University (RRU), Gujarat, India

  • Priya Ranjan

    LLM student at Rashtriya Raksha University (RRU), Gujarat, India

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Abstract

At the global as well as domestic level women is considered as a vulnerable class. They are often easy targets of any crime. It is a matter of shame as a society or say world at large that we did not make any device that can change the mindset of society. In the modern era crime against women are increasing day by day ta horrific pace. We have formulated various national laws as well as international regulations to curb these kinds of an act but in practice, these are somehow failed to eradicate the crime. For research, purpose author(s) has selected the offence of rape against women. Rape is an act where one person uses physical force or compels the other to submit to sexual acts without the letter’s free consent. It is considered a basic violation of human rights, against the right to life, liberty, dignity and sovereignty of women. From time to time various amendments have been made to make rape laws stringent and harsh. In 2013 and 2018 legislator had made a drastic change in the punishment provisions and prescribed the punishment of the death penalty in some situations. However, the researcher(s) has a strong belief that “law without proper implementation is like a body without a soul”. This paper will focus on the functional aspects of law i.e., how far these stringent provisions can achieve their purpose. One of the main concern of the author(s) is the low conviction rate in rape cases. Recent NCRB data has shown that the conviction rate in rape case is below 30%. This paper will deal with the basic and practical hurdles in conviction and will try to give some valuable suggestions in this regard.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 3538 - 3558

DOI: https://doij.org/10.10000/IJLMH.11897

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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