Enacting a law on sexual assault using deceptive means in India

Kulshreshtha, Nikunj (2023) Enacting a law on sexual assault using deceptive means in India. Liverpool Law Review. ISSN 1572-8625 | 0144-932X (In Press)

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Abstract

This article critically analyses the legal provisions on rape by deception in India. It begins by examining the strength of jurisprudence established by the courts in India for criminalising deceptive sex using doctrinal and theoretical methodologies. The article would then engage in an analysis of appellate judicial decisions in India on the said law. Thereafter, the article engages in a critical analysis of jurisprudence of the law on deceptive sex in the English jurisdiction in order to draw valuable lessons for the Indian jurisdiction. Then, the article would attempt to formulate a test for criminalising deceptive sex. Finally, the article will conclude by emphasising on the need to enact an offence independent of the existing rape law in India, that criminalises procuring sexual relations using deceptive means, based on the principle of fair labelling

Item Type: Article
Keywords: Rape by deception | Indian rape law | Rape on the promise of marriage | Section 375 | Indian penal code | Bhartiya Nyaya Sanhita | Clause 69
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 07 Dec 2023 13:17
Last Modified: 07 Dec 2023 13:17
Official URL: https://doi.org/10.1007/s10991-023-09357-3
URI: https://pure.jgu.edu.in/id/eprint/7001

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