Question 1

What constitutes the offense of rape under the Bharatiya Nyaya Sanhita?

Accepted Answer

The BNS modernizes the definition of sexual offenses, encompassing acts beyond traditional definitions, emphasizing the absence of clear, voluntary consent. It addresses acts committed through coercion, misrepresentation of facts, or when the victim is incapable of giving consent.

Question 2

How is the statement of the prosecutrix evaluated in a trial?

Accepted Answer

Under Indian jurisprudence, a conviction can be based on the sole testimony of the prosecutrix if it inspires absolute confidence. However, courts carefully scrutinize the testimony for consistency, seeking corroboration if the statement is found to be unreliable or contradictory.

Question 3

What is the legal stance on sexual relations based on false promise of marriage?

Accepted Answer

The BNS explicitly categorizes sexual intercourse obtained by deceitful means or false promise of marriage as a distinct offense. The courts differentiate between a genuine promise that could not be fulfilled and a fraudulent promise made solely to obtain consent.

Criminal Defense: Rape & Sexual Offenses

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