Rape and the culture of courtroom

ABSTRACT
Rape is one of the most disregarded social act which includes unlawful sexual activity and
usually sexual intercourse carried out forcibly or under threat of injury against a person’s will or
with a person who is beneath a certain age or incapable off valid consent because of mental
illness, mental deficiency, intoxication, unconsciousness, or deception1. There are several
different views regarding the topic of rape in the country as well as across the world however all
such views are remarkable given they all condemn such an immoral act.

The paper discusses about the legal perspective of the rape in view of the statues which
criminalize the act, the most important being the section 375 of the I.P.C. which underlines the
essentials of the act. It also discusses about the various statutory limitations which are often
exploited by the accused to rebut the charges.

The topic of rape has been a high point of discussion in the country after the incident of rape on
16 December 2012 in Delhi which shook the conscience of the nation and the violent protest of
the youth supported by all sections of the society had led to several changes in the Rape laws and
their application.

There can be many reasons for an act of rape. The paper also emphasizes on the possible reasons
for such an act be it social, mental, physical or physiological. The instances of rape has been on
the up from times in memorial and therefore a detailed analysis of the statistics can help us find a
lot of solution given the large number of data that has been collected over the years therefore the
paper will also take in account many statistics and aims to converge the views of different lens of
inquiry. The data always provides us with an important relationship between cases and
development of societies as the stats of developed countries are also put on test with the
developing ones.

The descriptive research paper will also emphasize on the procedural complexity and how the
judicial interventions have given newer dimensions to the manner of jurisprudence in these cases
and various developments that have expanded the scope of this subject over the years. It will
cover different aspects from the commission of the act to the final decision of the court concern.

At last, the paper will try to come up with logical solutions to this problem of the society by
providing a nexus of this problem with different causes of rape and certain measures for the
victims of the act.

1
Merraim webster