• Priyanka Sethi
• Dr. Neelam Sihag

THE SWORD OF JUSTICE: EVALUATING THE EFFECTIVENESS OF STRICTER GANG RAPE LAWS IN INDIA UNDER THE BHARATIYA NYAYA SANHITA, 2023 ABSTRACT: The issue of sexual violence, particularly gang rape, has long exposed the failures of India’s criminal justice system failures marked not only by legislative inadequacy but by systemic apathy. While the IPC, 1860, established punishments for sexual offences, its colonial foundation, patriarchal assumptions, and procedural ambiguity often failed to deliver justice to survivors. With the enactment of the “Bharatiya Nyaya Sanhita, 2023”, the Indian state claims to have initiated a post-colonial reset of its criminal code, marked by harsher penalties, redefined legal language, and procedural integrations with the “Bharatiya Nagarik Suraksha Sanhita” and “Bharatiya Sakshya Adhiniyam”. This paper critically evaluates whether these reforms specifically those concerning gang rape represent substantive progress or legal symbolism. By analysing legislative evolution, judicial interpretation, and structural obstacles, the paper argues that statutory transformation, while necessary, remains insufficient unless supported by deep-rooted procedural and institutional reform. Without this, the promise of justice remains rhetorical.

KEYWORDS: Gang Rape, Sexual violence, Gender, Capital punishment

"The sword of justice: Evaluating the effectiveness of stricter gang rape laws in India under The Bharatiya Nyaya Sanhita, 2023", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 5, page no.f208-f217, May-2025, Available :http://www.jetir.org/papers/JETIR2505621.pdf

"The sword of justice: Evaluating the effectiveness of stricter gang rape laws in India under The Bharatiya Nyaya Sanhita, 2023", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 5, page no. ppf208-f217, May-2025, Available at : http://www.jetir.org/papers/JETIR2505621.pdf