Senior Advocate Amit Desai Calls For Key Reforms To Enhance Rape Investigations in BNS

New Delhi, India: In a recent appearance on Republic Media Network’s Ram Jethmalani Memorial Lecture Series, Senior Advocate Amit Desai emphasised the urgent need for reforms in rape investigation procedures in BNS (Bharatiya Nyaya Sanhita). Speaking to Editor-in-Chief Arnab Goswami , Desai highlighted the persistent issues plaguing the legal system despite numerous amendments to rape laws over the decades.

Highlighting Persistent Issues in the Legal System

Desai pointed out that while laws concerning rape have been repeatedly amended to increase penalties—most notably in 1983, 2013, 2018, and now in 2024—significant issues remain. Citing high-profile cases from Ajmer, Delhi, and Kolkata, he argued that the core problem lies not in the severity of punishments but in the inadequacy of investigation processes and the sluggish pace of trials.

“The crime of rape remains a deeply troubling issue in India's collective consciousness. Despite numerous amendments to increase penalties over the years—in 1983, 2013, 2018, and now in 2024—the cases from Ajmer, Delhi, and Kolkata serve as stark reminders that the problem lies not in the severity of punishments but in the effectiveness of investigations and the speed of trials,” said Senior Advocate, SC Amit Desai. 

Proposed Solutions to Enhance Investigation Efficiency

To address these issues, Desai proposed several reforms aimed at improving the efficiency of rape investigations. One of the key suggestions was “increasing the number of doctors qualified to conduct medical examinations and setting strict deadlines for the completion of these reports.” He also stressed the need for “administrative and penal accountability” within the legal system.

Call for Administrative and Penal Accountability

Desai criticized the existing framework under the BNS, which, like the Criminal Procedure Code, provides deadlines for investigations and trials but lacks provisions for holding officers accountable for delays. He argued that introducing administrative and penal actions for law enforcement and judicial officers who fail to adhere to these deadlines could foster greater accountability and expedite the judicial process.

A Call for Immediate Action

Desai concluded by underscoring the need for immediate and effective reforms to ensure that rape investigations are handled with the urgency and thoroughness they demand. He emphasized that enhancing accountability within the legal system is crucial to addressing the systemic issues that continue to plague rape cases in BNS.