Crim Project

 "The horror of custodial rape lies in the fact that it is perpetrated by those who are
meant to uphold the law, turning protectors into predators." – Justice A.S. Anand, State
of Punjab vs Gurmit Singh (1996)

Ved Kumari and Ravinder Barn, 'Sentencing in Rape Cases' (2017)

59(1) Journal of the Indian Law
Institute 1, https://www.jstor.org/stable/10.2307/26826588 accessed 4 January
2025.

Daniyal Zameer, Mohd Saifullah Khan and Zubair, 'A Critical

Analysis of Indian Anti-Rape Laws in Brief Nexus to the Global
Perspective' (2024) 4(4) Indian Journal of Legal Review 304, APIS-3920-
0001, ISSN 2583-2344.

Indian anti-rape laws have developed with time but are still full of
problems in practical implementation, social stigma, and systemic barriers
toward justice.

The main problem that has been witnessed is the poor implementation of
anti-rape laws all over India. Despite the changes and stringent
punishments in the Bharatiya Nyaya Sanhita (BNS), judicial procedures
often tend to be highly delayed due to court backlogs and lack of
available fast-track facilities. The entire process from reporting to
conviction may take a long time, making the survivor liable to further
revictimization and social boycott. Notwithstanding the setting up of fast-
track courts, their operations are uneven and more sparingly available in
the rural areas due to inadequate judicial infrastructure. The societal
attitude is quite another great challenge. Stigma is attached to sexual
violence in India, and survivors are often blamed in society. Cultural
taboos and fear of societal shame prevent many survivors from coming
forward

In summary, the anti-rape laws in India have improved, but it remains a

tough challenge amid the legal, social, and systemic barriers this creates
against the effectiveness of such legal frameworks.

Therefore, the anti-rape laws in India have attained very vital

amendments that strengthen the law against sexual violence.
Nevertheless, this advancement has experienced a number of substantial
challenges in the practical implementation of the said laws. Stigma by
society, delay and ineffective provision of assistance to the victims have
made it very hard to attain justice for survivors.

Soumya Ranjan, 'Custodial Rapes in India' (2022) 2 Jus Corpus LJ 952

 The nature of custodial rape is quite authoritative, hence there is a smaller

possibility that the offenders of such acts are punished.

Sandra Jini Saju, 'Critical Analysis of Custodial Violence and Role of Judiciary in India'
(2022) 2 Indian J Integrated Rsch L 1

 This violate the human dignity which is mandated by the most prestigious statute
book of our nation.
 it is being observed that there is a greater challenge before the criminal justice
system of India that Indian women are now no safe and always a kind of threat
feelings generated among the women that in the present scenario they can be easily
victimized from any nook and corner of the society

Shrenitha Anantula, 'Custodial Rape: A Dehumanizing Violence against Society' (2023) 5

Indian JL & Legal Rsch 1

Since custodial rape happens under the police custody, it is easier for the officials to destroy
evidence.

Bharwada Bhoginbhai Hirjibhai v. State of Gujarat (MANU/SC/0090/1983:

1983CriLJ1096)
o Without the fear of making too wide a statement, or of overstating the case, it
can be said that rarely will a girl or a woman in India make false allegations of
sexual assault.... The statement is generally true in the context of the urban as
also rural society. It is also by and large true in the context of the
sophisticated, not so sophisticated, and unsophisticated society. Only very
rarely can one conceivably come across an exception or two and that too
possibly from amongst the urban elites. Because: (1) A girl or a woman in the
tradition bound non-permissive Society of India would be extremely reluctant
even to admit that any incident which is likely to reflect on her chastity had
ever occurred. (2) She would be conscious of the danger of being ostracised by
the Society or being looked down by the Society including by her own family
members, relatives, friends and neighbours. (3) She would have to brave the
whole world. (4) She would face the risk of losing the love and respect of her
own husband and near relatives, and of her matrimonial home and happiness
being shattered. (5) If she is unmarried, she would apprehend that it would be
difficult to secure an alliance with a suitable match from a respectable of an
acceptable family. (6) It would almost inevitably and almost invariably result
in mental torture and suffering to herself. (7) The fear of being taunted by
others will always haunt her. (8) She would feel extremely embarrassed in
relating the incident to others being over powered by a feeling of shame on
account of the upbringing in a tradition bound society where by and large sex
is taboo. (9) The natural inclination would be to avoid giving publicity to the
incident lest the family name and family honour is brought into controversy.
(10) The parents of an unmarried girl as also the husband and members of the
husband's family of a married woman would also more often than not, want to
avoid publicity on account of the fear of social B stigma on the family name
and family honour. (11) The fear of the victim herself being considered to be
promiscuous or in some way responsible for the incident regardless of her
innocence. (12) The reluctance to face interrogation by the investigating
agency, to face the court, to face the cross examination by Counsel for the
culprit, and the risk of being disbelieved, acts as a deterrent.
Chandraprakash Kewalchand jain case [1990] – (LMS optional case)
 F: The case involved a police sub-inspector, Chandraprakash Kewalchand Jain,
accused of raping a 19-year-old woman, Shamimbanu. Shamimbanu had eloped and
married her partner, Mohmad Shafi, without their families' consent. They were found
staying in a lodge in Nagpur. The accused brought the couple to the police station,
separated them, and later sent the woman to a hotel where he raped her twice during
the night
 Trial Court: convicted Chandraprakash under Section 376 IPC (rape) based on the
testimony of the victim, corroborated by medical and circumstantial evidence. He was
sentenced to 5 years of rigorous imprisonment and fined ₹1,000.
 High Court: reversed the trial court's conviction, acquitting the accused on grounds
that the victim's testimony was unreliable and lacked corroboration. It argued that
discrepancies in the victim's account, absence of physical injuries, and lack of medical
evidence weakened the prosecution's case.
 Supreme Court: reinstated the trial court's conviction, emphasizing the importance
of the victim's testimony in rape cases. It criticized the High Court's reliance on
outdated notions requiring corroboration of the victim's testimony, reaffirming that a
victim's testimony alone, if credible, is sufficient for conviction.
 Judgment:The Supreme Court convicted the accused, emphasizing the need for
stringent punishment in cases of sexual violence by persons in authority. It sentenced
him to 5 years of rigorous imprisonment, consistent with the trial court's order.
 Para 18: But when such a crime is committed by a person in authority, e.g. a police
officer, should the Court's approach be the same as in any other case involving a
private citizen? By our criminal laws wide powers are conferred on police officers
investigating cognizable offences. The infrastructure of our criminal investigation
system recognises and indeed protects the right of a woman to decent and dignified
treatment at the hands of the investigating agency. This is evident from the proviso to
Sub-section (2) of Section 47 of the Code which obliges the police officer desiring to
effect entry to give an opportunity to the woman in occupation to withdraw from the
building. So also Sub- section (2) of Section 53 requires that whenever a female
accused is to be medically examined such examination must be under the supervision
of a female medical practitioner. The proviso to Section 160 stipulates that whenever
the presence of a woman is required as a witness the investigating officer will record
her statement at her own residence. These are just a few provisions which reflect the
concern of the legislature to prevent harassment and exploitation of women and
preserve their dignity. Notwithstanding this concern, if a police officer misuses his
authority and power while dealing with a young helpless girl aged about 19 or 20
years, her conduct and behaviour must be judged in the backdrop of the situation in
which she was placed. The purpose and setting, the person and his position, the
misuse or abuse of office and the despair of the victim which led to her surrender are
all relevant factors which must be present in the mind of the Court while evaluating
the conduct-evidence of the prosecutrix. A person in authority, such as a police
officer, carries with him the awe of office which is bound to condition the behaviour
of his victim. The Court must not be oblivious of the emotional turmoil and the
psychological injury that a prosecutrix suffers on being molested or raped. She suffers
a tremendous sense of shame and the fear of being shunned by society and her near
relatives, including her husband. Instead of treating her with compassion and
understanding as one who is an injured victim of a crime, she is, more often than not,
treated as a sinner and shunned. It must, therefore, be realised that a woman who is
subjected to sex-violence would always be slow and hesitant about disclosing her
plight. The Court must, therefore, evaluate her evidence in the above background.
 Para 23: The next question is whether the High Court was justified in refusing to
place reliance on her evidence in view of the discrepancies and inconsistencies
indicated above. It is not in dispute that the respondent had taken both PW 1 and PW
2 to the police station at dead of night. At the police station both of them were
separated. She was all alone with the respondent till about 5.00 a.m. This was her first
encounter with the police. She must have been nervous and considerably shaken. She
must have felt helpless as she was all alone. She must be terribly worried not only
about her own fate but also that of her husband. It is during the time she was alone
with the respondent that the latter is alleged to have misbehaved with her. How could
she complain to the other police officers in the police station about the behaviour of
their colleague unless she be sure of their response? Having seen the behaviour of one
of them, how could she place confidence in others belonging to the same clan? She
may rather prefer to ignore such behaviour than speak of it to unknown persons.
Ordinarily an Indian woman is ashamed to speak about such violations of her person,
more so to total strangers about whose response she is not sure. There was no point in
speaking to her parents who had disowned her. She, however, claims to have
informed her husband about the same on his return. The omission on the part of her
husband to make a mention about the same cannot discredit her. Even if we assume
that she omitted to mention it, the said omission cannot weaken her evidence as
obviously she would attach more importance to what happened thereafter in the hotel
room. The respondent's behaviour in the police station had paled into insignificance in
view of his subsequent misdeeds. No wonder she would attach greater importance to
the subsequent events rather than dwell on advances made earlier. We, therefore,
cannot agree with the High Court's observation that "the prosecutrix is not only prone
to make improvements and exaggerations, but is also a a liar disclosing a new story
altogether to serve her interest”. This is a harsh comment which, we think, is totally
unwarranted.

 Court also reffered to Bharwada Bhoginbhai Hirjibhai v. State of Gujarat

(MANU/SC/0090/1983: 1983CriLJ1096)
o Without the fear of making too wide a statement, or of overstating the case, it
can be said that rarely will a girl or a woman in India make false allegations of
sexual assault.... The statement is generally true in the context of the urban as
also rural society. It is also by and large true in the context of the
sophisticated, not so sophisticated, and unsophisticated society. Only very
rarely can one conceivably come across an exception or two and that too
possibly from amongst the urban elites. Because: (1) A girl or a woman in the
tradition bound non-permissive Society of India would be extremely reluctant
even to admit that any incident which is likely to reflect on her chastity had
ever occurred. (2) She would be conscious of the danger of being ostracised by
the Society or being looked down by the Society including by her own family
members, relatives, friends and neighbours. (3) She would have to brave the
whole world. (4) She would face the risk of losing the love and respect of her
own husband and near relatives, and of her matrimonial home and happiness
being shattered. (5) If she is unmarried, she would apprehend that it would be
difficult to secure an alliance with a suitable match from a respectable of an
acceptable family. (6) It would almost inevitably and almost invariably result
in mental torture and suffering to herself. (7) The fear of being taunted by
others will always haunt her. (8) She would feel extremely embarrassed in
relating the incident to others being over powered by a feeling of shame on
account of the upbringing in a tradition bound society where by and large sex
is taboo. (9) The natural inclination would be to avoid giving publicity to the
incident lest the family name and family honour is brought into controversy.
(10) The parents of an unmarried girl as also the husband and members of the
husband's family of a married woman would also more often than not, want to
avoid publicity on account of the fear of social B stigma on the family name
and family honour. (11) The fear of the victim herself being considered to be
promiscuous or in some way responsible for the incident regardless of her
innocence. (12) The reluctance to face interrogation by the investigating
agency, to face the court, to face the cross examination by Counsel for the
culprit, and the risk of being disbelieved, acts as a deterrent.