The question (15 marks)
Define rape under the Bharatiya Nyaya Sanhita, 2023. State the circumstances in which consent is no defence, and explain how the offence is proved. (15 marks)
Standing MU question on rape; built on the Unit 6 chapter and the Gurmit Singh reading.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 6 · Offences Against Women and Children of Law of Crimes (Bharatiya Nyaya Sanhita, 2023).
Authorities you will need
- State of Punjab v Gurmit Singh (1996) - a rape conviction may rest on the sole testimony of the prosecutrix if it inspires confidence; corroboration is prudence, not law; delay in the FIR is often explicable
- Independent Thought v Union of India (2017) - the marital-rape exception's age read up to eighteen, which Exception 2 to s. 63 now enacts
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.