The Legal Aspect of Rape: A Review of the 2020 Amendment of Nari O Shishu Ain (Act No VIII of 2000)
Published: 22 April 2022
Asian Journal of Social Sciences and Legal Studies pp 58-67; https://doi.org/10.34104/ajssls.022.058067
Abstract: The detriment of rape even with the upsurge is received by the general mass with shock and the trauma enveloping the inflicted is incomprehensible. In a developing country like Bangladesh, the chastity of a woman is her ultimate pride and possession and when such is violated, considering the social predicament, the victim is usually humiliated in lieu of availing the much-required moral support to disposal. Falsely implicating an innocent is also evident in the trend. In the recent amendment, incarceration for life was substituted by the death penalty. Such incorporation endeavors toward the deterrent aspect of the penalty warning future perpetrators to avert from committing such mischief. This article aspires to illuminate the unexpanded idea of consent, extract the constitutional and legal justification of the recent amendment, the ends of statutory justice provided to the protected and sabotage of the very protective law, i.e., misapplication of it falsely incriminating an innocent.
Keywords: Legal / rape / penalty / innocent / Falsely / recent amendment / social predicament / deterrent aspect
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