Rape in India: Legal Framework, Statistics, Causes, and the Kolkata Law Student Case

Introduction

Rape is a grave crime that inflicts profound physical, emotional, and psychological trauma, undermining the safety and dignity of individuals while exposing societal and systemic failures.

In India, despite significant legal reforms, sexual violence remains a pervasive issue, with recent cases reigniting public outrage. A particularly shocking incident occurred on June 25, 2025, when a 24-year-old law student was allegedly gang-raped at South Calcutta Law College in Kolkata, highlighting the urgent need for stronger measures to combat sexual violence.

This blog post provides a comprehensive overview of the legal framework surrounding rape in India, key statistics illustrating the scale of the problem, underlying causes, and a detailed examination of the Kolkata case.

The Legal Framework of Rape in India

Definition of Rape

The Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code in 2023, governs the offence of rape under Section 63. Rape is defined as a man committing sexual intercourse with a woman under the following conditions:

• Against her will.

• Without her consent.

• With consent obtained through coercion, fear of harm, or misrepresentation.

• With consent under the mistaken belief that the man is her husband.

• With a woman unable to consent due to intoxication, unsoundness of mind, or being under 18 years of age.

Following the 2013 Criminal Law (Amendment) Act, prompted by the Nirbhaya case, the definition was expanded to include non-penile-vaginal penetration (e.g., penetration by any object or body part into the vagina, mouth, urethra, or anus) and non-consensual oral sex. Penetration to any extent constitutes rape, and lack of physical resistance is irrelevant.

However, marital rape remains excluded unless the wife is living separately, a significant gap in the law.

Penalties

The BNS prescribes severe punishments:

• Minimum: Seven years imprisonment, extendable to life.

• Aggravated cases (e.g., rape resulting in death or a vegetative state): Life imprisonment without parole or the death penalty.

• Gang rape: Life imprisonment or death penalty, especially if the victim is a minor or suffers severe harm.

The Protection of Children from Sexual Offences Act (POCSO), 2012, strengthens penalties for sexual assault on minors, with mandatory minimum sentences. In West Bengal, the Aparajita Woman and Child Bill, 2024, introduces the death penalty for rape resulting in death or a vegetative state and establishes special task forces and fast-track courts, though its implementation awaits central approval.

Challenges in Enforcement

Despite robust laws, enforcement faces significant obstacles:

• Underreporting: Social stigma and fear of retaliation deter victims from reporting.

• Investigation Delays: Inadequate forensic facilities and slow police responses hinder justice.

• Judicial Backlogs: Overburdened courts cause prolonged trials, exacerbating victims’ trauma.

• Societal Attitudes: Victim-blaming and political interference often undermine accountability.

Scale of the Menace: Rape Statistics in India

The prevalence of rape in India is alarming, as evidenced by data from the National Crime Records Bureau (NCRB) and other sources:

• Reported Cases:

  
  

  • 2021: 31,677 rape cases (86 per day).

  • 2022: ~31,000 rape cases (85 per day).

  • 2023: Over 32,000 rape cases, showing a rising trend.

  • Crime rate: Increased from 11.6 per 100,000 women and girls in 2001 to 19.8 per 100,000 in 2018.

    
    

• State-Wise Distribution (2021):

  
  

  • Rajasthan: 6,337 cases (highest).

  • Madhya Pradesh: 2,947 cases.

  • Uttar Pradesh: 2,845 cases.

  • Maharashtra: 2,496 cases.

  • Delhi: 1,250 cases (highest among metropolitan cities).

  • Kolkata: Lowest rape rate among metropolitan cities.

    
    

• Victim Demographics:

  
  

  • 2012: 12.5% victims under 14, 23.9% aged 14–18, 50.2% aged 18–30, 12.8% aged 30–50.

  • 2021: 10% of victims were minors (under 18).

  • 2023: Majority of victims aged 18–30.

    
    

• Relationship to Offender:

  
  

  • 2021: 89% of rapes committed by known persons (family, friends, neighbors).

  • Delhi (2019–2020): 44% of accused were relatives or family members.

  • 2012: 98.2% of rapists were known to the victim.

    
    

• Conviction and Pendency Rates:

  
  

  • Conviction rates: 27–30% (2018–2022).

  • West Bengal: 2.5% conviction rate, 98.7% pendency rate for sexual offences.

  • 2017: Over 127,800 rape cases pending in courts.

    
    

• Underreporting:

  
  

  • Only ~1% of sexual violence victims report due to stigma and distrust.

  • Actual cases could be 50–90% higher, potentially 291,000 annually (797 per day).

  • National Family Health Survey: 8.5% of women experience sexual violence in their lifetime (likely underestimated).

    
    

• Geographical Patterns:

  
  

  • High-risk clusters in Central, North, and North-Eastern India, with Hyderabad as a persistent hotspot (2011–2020).

    
    

Underlying Causes of Rape in India

The persistence of rape is driven by complex societal, cultural, and systemic factors:

1. Patriarchy and Gender Inequality

• Male Dominance: Patriarchal norms prioritize men, devaluing women’s autonomy and consent.

• Brahminical Patriarchy: Gender, caste, and class intersections reinforce women’s subordination to maintain caste purity and patrilineal succession.

• Lack of Gender Education: Absence of consent and gender sensitization in curricula perpetuates harmful attitudes.

2. Social Stigma and Victim-Blaming

• Cultural Attitudes: Rape is seen as a source of shame for victims due to notions of “honor” tied to sexual purity (e.g., purdah).

• Fear of Reporting: Victims fear retaliation, societal judgment, and embarrassment, protecting offenders.

• Media Portrayal: Media often reinforces stereotypes, blaming victims for their behavior or attire.

3. Systemic Failures

• Low Conviction Rates: Below 30% conviction rates reduce deterrence.

• Poor Evidence Collection: Only 19% of cases (2006–2007) involved scientific evidence due to inadequate forensic training.

• Police Inefficiency: 70 unregistered cases for every registered case, with delays and bias undermining investigations.

• Judicial Backlogs: Prolonged trials deter reporting and prolong trauma.

4. Socioeconomic and Cultural Factors

• Poverty and Marginalization: Lower socioeconomic and caste groups (e.g., Dalits) are disproportionately targeted.

• Caste Dynamics: Caste-based discrimination increases vulnerability for lower-caste women.

• Child Marriage and Domestic Violence: Normalized practices reinforce women’s subordination.

5. Legal Gaps

• Marital Rape Exception: Exclusion of marital rape in the BNS remains contentious.

• Gender Neutrality: Laws do not cover rape of males or transgender individuals.

• Implementation: Effectiveness of laws like the Aparajita Bill depends on timely enforcement.

The Kolkata Law Student Rape Case: A Case Study

Incident Details

On June 25, 2025, a 24-year-old first-year law student at South Calcutta Law College in Kolkata’s Kasba area was allegedly gang-raped in the college’s guard room between 7:30 p.m. and 10:50 p.m. Key details include:

• The survivor was lured to the college under the pretext of filling academic forms.

• Manojit Mishra (31), a former student and contractual staff member, proposed marriage, which she rejected.

• Mishra, with Zaib Ahmed (19) and Pramit Mukherjee (20), forcibly took her to the guard room, where Mishra raped her while others recorded and stood guard.

• The survivor endured a three-hour ordeal, suffering a panic attack. The accused purchased an inhaler to revive her to continue the assault.

• They filmed the crime, threatening to circulate videos to blackmail her into silence and harm her family.

• Pinaki Banerjee, the security guard, was complicit, vacating the room for the assault.

• The survivor sustained injuries, including bite marks, nail scratches, and a neck abrasion.

Investigation and Arrests

Kolkata Police acted swiftly:

• Arrests: Mishra, Ahmed, and Mukherjee arrested within 24 hours; Banerjee arrested on June 28.

• Special Investigation Team (SIT): A nine-member SIT analyzed:

  • CCTV Footage: Over seven hours confirmed the survivor’s account.

  • Medical Evidence: Confirmed forceful penetration and physical injuries.

  • Digital Evidence: Recovered two 90-second videos and photos from the accused’s phones.

  • Physical Evidence: Seized clothing, a hockey stick, and hair strands for forensic testing.

• The accused were remanded to custody until July 8 (Banerjee until July 4). The SIT is probing video distribution and questioning 25 students present on campus.

Accused Profile: Manojit Mishra

• Criminal History: Since 2013, Mishra faced charges for attempt to murder, sexual assault, extortion, vandalism, and molestation, evading conviction via bail.

• Campus Influence: Posed as a Trinamool Congress (TMC) student wing recruiter, maintaining clout despite graduating.

• Modus Operandi: Harassed female students, morphed images, and recorded assaults for blackmail, often using the pick-up line “Tui amay biye korbi?” (Will you marry me?).

Political and Social Fallout

• Political Row: The Bharatiya Janata Party (BJP) accused the TMC of protecting Mishra, demanding Chief Minister Mamata Banerjee’s resignation. The TMC distanced itself, noting Mishra’s 2021 ouster.

• Protests: BJP’s “Kanya Suraksha Yatra” and student protests demanded justice. Police detained BJP leaders during a march.

• NCW Involvement: The National Commission for Women urged a time-bound investigation, alleging police non-cooperation.

• Legal Community: Advocates at Alipore Court demanded barring Mishra and the student accused from the legal fraternity.

• Public Reaction: Google Trends showed a surge in searches for the assault videos, condemned as “secondary abuse.” Kolkata Police warned against sharing such content.

Societal and Legal Implications

Campus Safety

The Kolkata case exposes systemic campus safety failures:

• Lax Oversight: Mishra’s presence despite a criminal record highlights poor governance.

• Security Lapses: The guard’s complicity and inadequate monitoring enabled the crime.

• Political Patronage: Alleged political protection underscores the need for depoliticized campuses.

Victim Support and Privacy

The survivor’s identity is protected under Indian law, with Kolkata Police warning against disclosure. She received counseling, and her statement was recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita.

Legislative Progress and Gaps

The Aparajita Bill is a step forward, but challenges persist:

• Marital Rape: Its exclusion remains a significant gap.

• Gender Neutrality: Laws exclude male and transgender victims.

• Implementation: Success depends on efficient investigations and judicial processes.

Conclusion

The rape of a law student at South Calcutta Law College is a stark reminder of the pervasive threat of sexual violence in India. Despite robust legal frameworks, low conviction rates, societal stigma, and systemic failures perpetuate this menace. Statistics reveal a high incidence of rape, with underreporting masking its true scale, while patriarchal norms, caste dynamics, and judicial inefficiencies drive its persistence. The Kolkata case, with its premeditated brutality and political undertones, underscores the need for comprehensive reforms in campus safety, victim support, and law enforcement. As the nation demands justice for the survivor, the implementation of laws like the Aparajita Bill and broader societal change are critical to ensuring such atrocities are prevented and punished effectively.