Commentary on Sexual Offences with Special Reference to Law of Rape By R Dayal

This authoritative two-volume commentary is one of India’s most comprehensive legal texts on sexual offences, with a primary focus on the law of rape. It presents a detailed and analytical exposition of relevant legal provisions, drawing from statutory law, landmark case law, and critical judicial commentary.

Key areas of coverage include:

• Sections 375–376D IPC (including all post-2013 amendments)
• The Criminal Law (Amendment) Acts, 2013 & 2018
• Protection of Children from Sexual Offences (POCSO) Act, 2012
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
• Key provisions of the CrPC and Indian Evidence Act relating to sexual offences

The commentary provides section-wise, clause-wise analysis with extensive citations of Supreme Court and High Court decisions, as well as comparative insights where applicable. It addresses complex legal issues such as:

• Consent and its legal interpretation
• Medical jurisprudence and forensic evidence
• Presumptions under the Evidence Act
• Sentencing trends and aggravating/mitigating factors
• False complaints and procedural safeguards

Detailed Structure

1. Preliminary/Front Matter

Introduction and general overview (likely including prefaces, methodology, legal framework, table of statutes) spanning ~70–80 pages

2. Clause-by-Clause Commentary

• Indian Penal Code sections 375–376D (covering rape, custodial rape, marital rape, etc.)
• Criminal Law Amendment Acts (2013 & 2018) corrections and elaborations
• Protection of Children from Sexual Offences (POCSO) Act, 2012
• Relevant portions of CrPC and Indian Evidence Act linked to sexual offences

Each provision is:

• Explored thoroughly with statutory text
• Interpreted via extensive case law commentary (Supreme & High Courts)
• Supported by analytical notes and cross-references

3. Judicial Interpretation and Case Law

• A comprehensive digest of Supreme Court and High Court rulings on:
  • Consent, marital/cohabitation exceptions
  • Age/identity determination
  • Forensic evidence, medical reports, DNA analysis
  • Presumptions, burden of proof, and procedural safeguards
  • Ambit of POCSO & workplace sexual harassment provisions

4. Procedural & Evidentiary Issues

• Provisions from CrPC (e.g., recording of statements)
• Indian Evidence Act presumptions in rape cases
• Explanatory coverage of trial standards, admissibility rules, sexual history evidence and more

5. Indexes & Annexures

• Likely includes subject index and statute index for easier navigation across two volumes