This article is written by Roma Shakya, Prestige Institute of Management and Research, Gwalior. The article argues that strengthening victim-centred procedures, improving investigation standards, and ensuring timely adjudication are essential for enhancing conviction rates and delivering meaningful justice.
Despite significant legislative reforms aimed at protecting women and children, conviction rates for offences against them remain low in several parts of India. Madhya Pradesh, which consistently reports a high number of crimes against women and children, reflects the gap between legal protection and effective criminal justice delivery. This article examines the procedural challenges that contribute to low conviction rates, including delays in reporting, deficiencies in investigation, forensic bottlenecks, and judicial delays. It also analyses recent decisions of the Madhya Pradesh High Court to illustrate how courts have addressed evidentiary and procedural issues.
Introduction
Legislative reforms are essential, but they cannot, by themselves, resolve the persistent challenges affecting convictions for crimes against women and children. Procedural shortcomings during investigation, evidence collection, prosecution, and trial often undermine the effectiveness of otherwise progressive legal provisions. In this regard, the examples of Madhya Pradesh, which has seen repeated incidents of sexual crime and child abuse, with very low conviction rates, could be considered instructive in terms of this problem.
This article will analyze reasons for the existence of this problem and suggest some changes. The purpose of this article is to examine issues related to the balance between the need to protect victims and the necessity of proving that a crime has occurred. This article argues that strengthening victim-centred procedural safeguards, improving investigative practices, and ensuring efficient judicial processes are crucial to narrowing the gap between legal protection and actual convictions.
The Scope of the Problem
Based on the statistics available from the government, Madhya Pradesh is one of the states in India that witnesses high levels of criminal activities against women and children. In 2022, the number of criminal offenses involving violence against women reached over 32,000, which is higher than the approximately 25,000 cases recorded in 2020. This indicates an increase in the crime rate, rising from 64 to 79 incidents per 100,000 women. Over 40 percent of rape cases in the state involved minors as victims, meaning that a significant number of cases of sexual offences in Madhya Pradesh come under the scope of child welfare legislation. Conviction rates for these cases do not reflect the scale of the problem, being less than 20 percent for rape and even lower (5 percent) for cyber harassment cases.
Architecture of Delays: From Complaint to Court
The gap between legal protection and successful convictions emerges at multiple stages of the criminal justice process. Victims frequently face delays in reporting offences due to fear, social stigma, family pressure, or lack of institutional support. In some instances, procedural barriers further discourage prompt reporting. Women face the difficulties of following a series of steps even before lodging complaints; they are sometimes asked not to go to the police station of their preference but to the women’s police station, creating additional problems for themselves.
In fact, research in the State that women’s complaints of any offences committed against them are lodged much later than complaints by men of similar offences. Moreover, there are certain problems with regard to the investigative process, as the specialized teams do not have adequate resources to deal with all the cases, and the investigators are not adequately trained.
Moreover, the Delays in forensic examination, shortage of forensic experts, and backlog in forensic laboratories frequently weaken the evidentiary foundation of prosecution cases. Although Fast Track Special Courts have been established to expedite trials involving women and children, delays arising from heavy pendency, shortage of judges, and procedural adjournments continue to affect timely disposal.
Legal Framework and Limitations thereof
The legal system in India is recognized for its comprehensive approach in safeguarding women and children from various forms of abuse. Alongside the Protection of Women from Domestic Violence Act, 2005, and the Protection of Children from Sexual Offences Act, 2012, amendments to the Code of Criminal Procedure, 1973 (now largely replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023), the Indian Evidence Act, 1872 (now replaced by the Bharatiya Sakshya Adhiniyam, 2023), and the Bharatiya Nyaya Sanhita, 2023 have strengthened the legal framework governing offences against women and children.
At the same time, the lacunae in the legal framework have resulted in marital rape still being a controversial topic and the application of laws being inconsistent within the subordinate jurisdictions. Although legislative amendments have been made to make it easier to convict offenders who commit crimes against women and children and raise the chance of successful prosecution of such cases, legislative reforms alone have not translated into consistently higher conviction rates because procedural deficiencies continue to affect investigation and prosecution.
This is undoubtedly an example of practical problems in legislative amendments, but it certainly does not mean that the latter cannot solve a problem of low conviction rate, especially with regard to recent amendments to Bharatiya Nyaya Sanhita, 2023.
| Legislation | Key Provisions | Purpose |
| Bharatiya Nyaya Sanhita, 2023 | Sections 64, 65 & 69 | Punishment for rape and sexual offences |
| Protection of Women from Domestic Violence Act, 2005 | Various provisions | Civil remedies and protection against domestic violence |
| Protection of Children from Sexual Offences Act, 2012 | Sections 3, 4, 5, 6 & 28 | Protection of children and establishment of Special Courts |
| Sexual Harassment of Women at Workplace Act, 2013 | Sections 4, 9 & 11 | Prevention and redressal of workplace sexual harassment |
Judicial Responses to Evidential Challenges: Four Recent Cases
The judicial system’s reaction to the dilemma of protecting victims on one hand and obtaining convictions through good evidence on the other is aptly illustrated by four recent cases heard by the High Court of Madhya Pradesh.. Every one of them highlights the evidential difficulties arising out of offences against women and children and how courts have handled these evidential difficulties.
State of Madhya Pradesh v. Balveer Singh, 2025
It was ruled that the evidence of a child witness should not be rejected merely based on the age of the witness, and if such evidence is truthful, credible, and unbiased, it can be the basis of conviction in the absence of other evidence. This decision was made based on a murder case that occurred in 2003, where the sole eyewitness was the daughter of the victim, who was only seven years old at the time.
The court considered the testimony of a child witness and acknowledged that such testimony must be evaluated in terms of the witness’s credibility. The Court emphasised that the testimony of a child witness cannot be rejected merely because of the witness’s age. If found reliable, voluntary, and credible, such testimony may be sufficient to sustain a conviction without independent corroboration.
RK Dalakshudu v. State of Madhya Pradesh, 2025
The High Court set aside a conviction under the Protection of Children from Sexual Offences Act (“POCSO”) on the basis that the prosecutrix in that case was actually above 18 years of age, and this piece of evidence was overlooked by the trial court. According to the Division Bench, the applicability of the POCSO Act was to the “protected children,” and in a case where the prosecutrix is an adult and willing to have sexual intercourse, then it will become necessary to determine whether the prosecutrix had consented.
The Court criticised the trial court for overlooking material evidence relating to the prosecutrix’s age and emphasised that the applicability of the POCSO Act depends upon establishing that the victim was legally a child at the time of the offence.
Victim v. State of Madhya Pradesh, 2026 (MP) 222 (decided 18 June 2026)
The petitioner, who is a member of a Scheduled Tribe community, has requested the release of compensation that is owed to her as a survivor of rape, based on Clause 44(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. Justice Vishal Mishra directed that compensation be released only upon the petitioner filing an affidavit undertaking that she would not subsequently turn hostile or enter into a compromise with the accused during trial.
The Court reasoned that compensation disbursed under the statutory scheme is drawn from the public exchequer and cannot be permitted to be misused through practices that later undermine the criminal justice process, and further directed that should the victim turn hostile, the amount received would have to be refunded to the State within thirty days of the trial court’s judgment, failing which recovery could be pursued in accordance with law.
This decision has generated important debate. While the Court sought to safeguard public funds and discourage abuse of the compensation mechanism, critics argue that imposing conditions on compensation may discourage victims from seeking statutory relief and could be inconsistent with a victim-centred approach to criminal justice.
Conclusion
Crimes against women and children cannot be addressed solely through stronger legislation. The experience of Madhya Pradesh demonstrates that procedural shortcomings during investigation, forensic examination, prosecution, and trial continue to undermine conviction rates despite an otherwise comprehensive legal framework. Recent judicial decisions indicate that courts are increasingly attentive to evidentiary standards and procedural fairness. However, sustainable improvement requires better police training, timely forensic support, victim-sensitive investigation, stronger witness protection, and faster judicial processes. A criminal justice system that combines robust legal provisions with efficient procedural safeguards is essential for ensuring meaningful access to justice for women and children.
Frequently Asked Questions
1. Why are conviction rates low in crimes against women and children?
Conviction rates are low because of delays in reporting, weak investigations, lack of evidence, and long court proceedings.
2. Which laws protect women and children in India?
The main laws are the Protection of Women from Domestic Violence Act, 2005, the POCSO Act, 2012, and the Bharatiya Nyaya Sanhita, 2023.
3. What are the main challenges in these cases?
The main challenges are delayed FIRs, lack of proper investigation, shortage of forensic support, and delays in court trials.
4. How do courts help protect victims?
Courts examine the evidence carefully, protect the rights of victims, and ensure that justice is based on reliable evidence.
5. How can conviction rates be improved?
Conviction rates can be improved through faster investigations, better police training, stronger forensic support, and quicker court decisions.
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