An Evolutionary and Comparative Analysis of the Legal Landscape of Sexual Offenses Against Women in India

This review paper critically examines the evolution and comparative framework of laws addressing sexual offenses against women in India, with a particular focus on the legal transition from the Indian Penal Code, 1860, to the Bharatiya Nyaya Sanhita, 2023, which came into effect in 2024. Drawing on statutory provisions, judicial interpretations, and documented case studies, the paper traces the historical trajectory of sexual offense laws, analyzing the socio-legal imperatives that necessitated repeated reforms. It explores the pre-2024 legal regime in addressing the complexities of sexual violence, victim protection, procedural justice, and institutional accountability. The analysis also delves into the new legal landscape introduced under the 2023 reforms, highlighting the structural and procedural shifts aimed at strengthening the justice delivery system. A critical comparison is presented between the pre- and post-2024 legal regimes, illustrating both advancements and persisting gaps. It discusses legislative intent, colonial continuities, and general critiques. The paper evaluates the premise for an overhaul of the existing penal code and suggests substantial changes in the new act in light of a promised wave of decolonization. The paper also addresses debates over patriarchal biases, gender neutrality of sexual offenses, sexual intercourse on false marriage promises, and ambiguities over punishments.