CXX0076 | Sexual Violence and the Law

The objective of this elective course, offered to students enrolled in the III, IV and V Year of the B.A., LL.B (Hons.) programme, and students enrolled in the II Year of the LLB (Hons.) programme is to discuss and analyze contemporary developments and debates in laws relating to sexual violence. It will develop on courses already studied by students, including substantive criminal law, criminal procedure, and evidence laws. Using both primary and secondary materials, the course aims to reflect critically on laws governing sexual violence. This includes analyzing concepts such as consent (including conditional consent), the penetrative act requirement, and underage sexual activity among others. Procedural issues including investigation and trial processes, medical examination, and recording of evidence will also be discussed. We will also focus on the changes made to the law by the Bharatiya Nyaya Sanhita, 2023 the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023.

The course will be discussion oriented. Students will be expected to read and be familiar with readings assigned for each session. Since this is an advanced course, basic knowledge of the law will be assumed.