MARITAL RAPE- SOCIETAL DISTURBANCE OR SILENTLY CUSTOMARY ACCEPTANCE: AN ANALYSIS OF WOMEN – CENTRIC CRIMINAL JURISPRUDENCE IN CONTEXT OF MARITAL RAPE FROM IPC TO BNS
AUTHOR – PRIYANSHU KUMAR TRIPATHY & PALAK SONI
* ASSISTANT PROFESSOR, LAW, INSTITUTE OF LEGAL STUDIES, RANCHI UNIVERSITY, RANCHI.
** STUDENT, B.A.LL.B, JHARKHAND RAI UNIVERSITY
BEST CITATION – PRIYANSHU KUMAR TRIPATHY & PALAK SONI, MARITAL RAPE- SOCIETAL DISTURBANCE OR SILENTLY CUSTOMARY ACCEPTANCE: AN ANALYSIS OF WOMEN – CENTRIC CRIMINAL JURISPRUDENCE IN CONTEXT OF MARITAL RAPE FROM IPC TO BNS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 166-170, APIS – 3920 – 0001 & ISSN – 2583-2344.
“Women plus law equals magic; we prove that every day.[1]
The transformation of the Indian Penal Code, 1860 to Bharatiya Nyaya Sanhita, 2023 has shifted the social and the legal status of the women in the society is one of the core discussions after this legislative change. This shift seems to be the approach towards survivor rather victim. But also at same parlance there is also a debate regarding this approach in context of substantive empowerment or only the symbolic approach towards the women victims.
This paper will deal with a comparative approach of the legislature in context of women in IPC and BNS. Along with it would discuss the change from victim to survivor approach towards the women in India. It also will tackle the feminist jurisprudence, restorative justice theory backed by the discussion in light of dignity. This piece of research would try to find the traces whether this BNS uses dignity oriented terminology for women or it carries neutral terminology, backed by comparison with other Nation State’s laws.
Moreover, this paper would focus on an approach to deal with the cases of the marital rape, whether BNS has shifted in this concept or denies full agency as like IPC. It also would provide few suggestive measures which may tackle the negative impact also after this modification from IPC to BNS.
Keywords: Victim, Survivor, Marital Rape, Feminist Jurisprudence, Gender Sensitive Balance
[1] Lithwick Dalhia,(2022). Women, The Law And The Battle To Save America. Penguin Press