International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 2
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Impact of Enhanced Punishments on the Incidents of Rape in India

Author(s) Akriti Mehrish
Country India
Abstract This paper analyzes whether the consistent stiffening of penalties for the crime of rape in India has a significant deterrent effect, and if the mere increase of sentencing can be regarded as an applicable indicator for the efficacy of the criminal law in India. The author seeks to correlate the development of laws and policies from Criminal Law (Amendment) Act of 2013 to Criminal Law (Amendment) Act of 2018 and the recent Bharatiya Nyaya Sanhita, 2023, along with associated procedural and evidentiary reforms under Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023. The author posits that Indian rape legislation, as of today, has some of the most extreme sentencing in the entire country, to include life imprisonment of a natural life and the death penalty, in certain specified circumstances. The author asserts that existing data does not suggest that there is a simplistic or an enduring decrease in reported cases of rape that can be attributed to the mere enhancement of penalties. The author concludes that deterrence is not the result of mere severity of the law, but the result of certainty, swift resolution, evidentiary quality, survivor sensitive procedural approach, and legitimacy in the social sense. The author analyzes relevant statutes, analyzes crime data, and reviews case law and concludes that while enhanced penalties for crimes may have some expressive and symbolic value, they also may not improve the effectiveness of the criminal law for rape cases when there are delays in investigations, extended trial processes, insufficient forensic support, and the legal framework remains deficient.
Keywords punishment, rape, NCRB, criminal, enhanced, amendment.
Published In Volume 8, Issue 2, March-April 2026
Published On 2026-04-01
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E-ISSN 2582-2160
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