THE ROLE OF THE POLICE IN INVESTIGATING SEXUAL OFFENCES AGAINST WOMEN: LEGAL REFORMS AND PRACTICAL CHALLENGES
AUTHOR – HARSHIT PATEL* & DR. SHOVA DEVI**
* LL.M (CRIMINAL LAW) SCHOLAT AT AMITY LAW SCHOOL AMITY UNIVERSITY UTTAR PRADESH LUCKNOW
** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL AMITY UNIVERSITY UTTAR PRADESH LUCKNOW
BEST CITATION – HARSHIT PATEL & DR. SHOVA DEVI, EVALUATING THE EFFECTIVENESS OF THE NDPS ACT IN COMBATING DRUG TRAFFICKING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 1032-1046, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
This research paper delves into the complex and often contentious role of the police in investigating sexual offences against women in India, focusing particularly on the legal reforms that have been implemented to enhance law enforcement and improve the handling of such cases. The study primarily concentrates on the significant amendments made through the Criminal Law (Amendment) Act, 2013, which was introduced after the tragic 2012 Nirbhaya case to address the growing concerns surrounding sexual violence and the justice system’s failure to respond effectively. These reforms have brought about a re-evaluation of police protocols, procedures for victim handling, and the legal framework surrounding the prosecution of perpetrators.
The paper examines the practical effects of these legislative changes, considering how they have influenced the police’s investigative approach and their relationship with victims of sexual violence. While the amendments have brought about a more victim-centric approach, the paper identifies and critiques persistent challenges that undermine the effectiveness of police investigations. These include inadequacies in police training, the prevalence of deep-rooted societal biases, gender stereotypes, and insufficient resources or infrastructure that hinder timely and efficient investigations. Furthermore, the paper discusses the gap between legal provisions and their practical implementation, emphasizing how these challenges continue to obstruct the swift delivery of justice in sexual offence cases.
Through a thorough analysis of legal texts, case law, and practical experiences, this paper highlights the need for continuous reforms to address systemic issues within law enforcement agencies. The paper also proposes a set of actionable recommendations to address the gaps in police training, improve victim support services, enhance coordination between various stakeholders in the criminal justice system, and eliminate the biases that often result in delayed or failed investigations. By doing so, the research aims to contribute to the broader discussion on ensuring a more equitable, just, and effective response to sexual offences in India, thereby safeguarding the rights of women and holding offenders accountable.
Keywords – Sexual Offences, Police Role, Legal Reforms, Criminal Law (Amendment) Act, 2013, Police Investigations, Women’s Rights, Justice System, Victim Handling, Social Biases, Law Enforcement Challenges