The contemporary status of rape shield laws in India

Kulshreshtha, Nikunj (2022) The contemporary status of rape shield laws in India. International Journal of Evidence and Proof, 27 (1). pp. 3-25. ISSN 1740-5572

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Abstract

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

Item Type: Article
Keywords: Law of Evidence | Legal Realism in India | Indian Rape Shield Law | Prior Sexual History | Right to a Fair Trial
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 29 Nov 2022 03:37
Last Modified: 01 Feb 2023 10:20
Official URL: https://doi.org/10.1177/13657127221139506
URI: https://pure.jgu.edu.in/id/eprint/4861

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