This article stresses on the need to enact an offence independent of the existing rape law in India, that criminalises procuring sexual relations using deceptive means, based on the principle of fair labelling.
Author
Nikunj Kulshreshtha, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
This article critically analyses the legal provisions on rape by deception in India. It begins by examining the strength of jurisprudence established by the courts in India for criminalising deceptive sex using doctrinal and theoretical methodologies. The article would then engage in an analysis of appellate judicial decisions in India on the said law.
Thereafter, the article engages in a critical analysis of jurisprudence of the law on deceptive sex in the English jurisdiction in order to draw valuable lessons for the Indian jurisdiction. Then, the article would attempt to formulate a test for criminalising deceptive sex.
Finally, the article will conclude by emphasising on the need to enact an offence independent of the existing rape law in India, that criminalises procuring sexual relations using deceptive means, based on the principle of fair labelling.
Published in: Liverpool Law Review
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