{"title":"Enacting a Law on Sexual Assault Using Deceptive Means in India","authors":"Nikunj Kulshreshtha","doi":"10.1007/s10991-023-09357-3","DOIUrl":null,"url":null,"abstract":"<p>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.</p>","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"28 1","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Liverpool Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10991-023-09357-3","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
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.
期刊介绍：
The Liverpool Law Review is a tri-annual journal of contemporary domestic, European and international legal and social policy issues. The Journal aims to provide articles, commentaries and reviews across a wide range of theoretical and practical legal and social policy matters - including public law, private law, civil and criminal justice, international law, ethics and legal theory. The Journal has many international subscribers and regularly publishes important contributions from the U.K. and abroad. Articles and commentaries are published with sufficient speed to ensure that they are truly current.
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