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..

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