The Dynamics of evidence in Rape trials: Balancing victim protection and fair trial in India

Abstract

This paper explores the multifaceted dynamics involved in rape trials in India, focusing on the balance between protecting the rights and dignity of victims and ensuring a fair trial for the accused. It examines the legal frameworks, challenges in evidence gathering, judicial trends and the need for reforms to address systemic issues in the prosecution and adjudication of rape cases. The discussion highlights the evolution of judicial interpretations regarding victim testimony, consent and sentencing, as well as the critical need for ongoing reforms in legal, judicial, law enforcement and victim support systems. The paper argues that a holistic approach is essential to achieve justice, uphold the rule of law and protect the rights of all parties involved.