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International Journal for Research Trends and Innovation
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ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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Issue: June 2026
Volume 11 | Issue 6
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Impact Factor : 8.14
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| Paper Title: | The Jurisprudential Evolution of Rape Sentencing in India-A critical analysis |
| Authors Name: | Mrs Manisha Devi |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_213063
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| Published Paper Id: | IJRTI2605184 |
| Published In: | Volume 11 Issue 5, May-2026 |
| DOI: | |
| Abstract: | Abstract— Rape is one of the most terrible and vicious crimes against humanity, but it required a long time for it to be acknowledged as a violation of women's ‘sexual autonomy’ and ‘bodily integrity.’ Rape was only considered illegal when it involved the infringement of another man's property because women were mostly denigrated as objects for a long time in human history. The Latin expression ‘repere,’ meaning to capture or acquire something, is where the term ‘rape’ originates. The term again implies possession. For the wrongdoings committed, the fathers or husbands used to receive compensation. This is recorded in the Code of Hammurabi, one of the earliest collections of laws ever written by mankind. It states that if a virgin was raped, the father would receive compensation and the victim of the crime would be married to the offender. But if the raped woman had married someone else, that made her adulterous, and both she and the rapist would face the death penalty. Since the Hebrews followed comparable codes and believed in the concept of ‘an eye for an eye’ severely, it was permissible for the father of the victim to rape the rapist's spouse in vengeance for the rape. Many of the early laws, though were awful but some of them tried to infuse the concept of consent. For example, pre-British English Celtic laws recognized rape of a woman as a crime against her and distinguished between rape committed without consent and rape committed while intoxicated. In this article, the researcher attempts to critically analyze the jurisprudential evolution of rape sentencing in India in the light of decided case laws and the legislative changes. |
| Keywords: | Index Terms—Rape sentencing, sentencing, sexual offences, deterrence |
| Cite Article: | "The Jurisprudential Evolution of Rape Sentencing in India-A critical analysis", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2456-3315, Vol.11, Issue 5, page no.b721-b724, May-2026, Available :http://www.ijrti.org/papers/IJRTI2605184.pdf |
| Downloads: | 00052 |
| ISSN: |
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID: IJRTI2605184
Registration ID:213063
Published In: Volume 11 Issue 5, May-2026
DOI (Digital Object Identifier):
Page No: b721-b724 Country: GOMATI, TRIPURA, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2605184 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2605184 |
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ISSN: 2456-3315
Impact Factor: 8.14 and ISSN APPROVED,
Journal Starting Year (ESTD) : 2016
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