Insight into the Psychological Horror Engendered with the Violation of ‘Consent’ in Light of Section 375 of the IPC

  • Swati Pragyan Sahoo
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  • Swati Pragyan Sahoo

    Student at Tamil Nadu National Law University, India.

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While Rape is considered a social stigma, the laws against the offence of rape deal with the severity of the actions of the offender, yet, neither the laws nor the society realises the psychological harm caused to the victim as a consequence of the commission of the crime. The rape laws formulated manifestly directed at laying down strict rules against the commission of the vicious crime, and thanks to the presence of the laws, that justice is served to the victims. But the, questions arise as to if such laws are sufficient to compensate for the psychological trauma that the victims have to undergo? Society and books attribute Rape as a brutish act that is committed that violates the dignity and rights of a woman, but the stark negligence towards the mental assault that the victim suffers besides the physical harm is usually ignored. Furthermore, the act of marital Rape is well-shielded by the law, while the legal provision doesn’t recognise it as an offence to prescribe laws against it. The paper tries to critically analyse Section 375 of the Indian Penal Code, emphasising the psychological impact of Rape on the victims and the short- and long-term impacts on the life of the victims. The paper also tries to shed light on the issue of marital Rape that stands as an exception under Section 375 of the IPC that provides immunity to the offender to be protected under the veil of marriage. Finally, the paper tries to stress the need for the implementation of stricter laws for the offence of Rape and deal it with more legally and empathically.


Research Paper


International Journal of Legal Science and Innovation, Volume 4, Issue 1, Page 729 - 736


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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