Advances in Consumer Research
Issue 4 : 5597-5605
Original Article
Legal Standards Of Consent In Indian Rape Laws:A Critical Examination
 ,
1
Research Scholar, School of Law, IFTM University, Moradabad.
2
Assistant Professor, School of Law, IFTM University, Moradabad.
Abstract

The legal standards of consent have emerged as one of the most contested and evolving dimensions of Indian rape jurisprudence. Historically shaped by patriarchal assumptions within the Indian Penal Code (IPC), the concept of consent long suffered from ambiguity, inconsistent judicial interpretation, and inadequate recognition of coercion, deception, and power imbalance. In recent years, however, heightened public awareness, judicial activism, and statutory reforms—most notably the Criminal Law (Amendment) Acts of 2013 and 2018 and the introduction of the Bharatiya Nyaya Sanhita (BNS) 2023—have transformed the legal understanding of consent. Despite these advancements, significant challenges persist, including the blurred boundary between consensual sexual relations and exploitative conduct, the rising misuse of “false promise to marry” allegations, the evidentiary burden placed on both parties, and the tension between protecting genuine victims and safeguarding the rights of the accused. This paper critically examines the statutory framework, judicial precedents, and socio-legal complexities that shape the contemporary consent standard in Indian rape laws. Through doctrinal analysis and comparative perspectives, the study highlights the need for clearer, gender-neutral, and context-sensitive definitions of consent, supported by scientific evidence, robust procedural safeguards, and balanced legal reasoning. Ultimately, the paper argues that consent must be interpreted not only as a factual element but as a nuanced social construct that demands both legal precision and a rights-based approach..

Keywords
Recommended Articles
Original Article
“Entrepreneurship Development Training and Enterprise Success: The Mediating Role of Entrepreneurial Competencies among RUDSETI Beneficiaries”
Original Article
“Digital Microfinance and Women's Economic Empowerment: An Empirical Study among Women Entrepreneurs in Karnataka”
Original Article
Role of Customers' Perception of Retail Formats in the Formation of Customer Satisfaction: An Empirical Study of Supermarkets in Delhi NCR.
...
Original Article
Impact of Blockchain Based After Sales Service and Battery Traceability on Customer Satisfaction in the Two Wheeler Electric Vehicle Market: Evidence from Bangalore City
Loading Image...
Volume 2, Issue 4
Citations
1006 Views
2030 Downloads
Share this article
© Copyright Advances in Consumer Research