Citation

Kulshreshtha N. Int. J. Evid. Proof 2023; 27(1): 3-25.

Copyright

(Copyright © 2023, SAGE Publications)

DOI

10.1177/13657127221139506

PMID

unavailable

Abstract

[A rape shield law is a law that limits the ability to introduce evidence or cross-examine rape complainants about their past sexual behaviour.[1] The term also refers to a law that prohibits the publication of the identity of an alleged rape victim]


This article critically analyses the current status of rape shield laws in India. The article begins by assessing the effectiveness of these laws by examining the statutory provisions and judicial precedents in India using a doctrinal methodology. The article would then assess the status of rape shield laws and their jurisprudence in England and Wales, and Canada for a comparative assessment and to draw valuable lessons for the Indian jurisdiction. It would also help address growing concerns about the possible overreach of these laws on the defendant's right to a fair trial. Finally, the article will conclude with possible solutions for effectively implementing these laws in India while balancing the interests of the accused and the complainants.

Language: en