What to Do in a Rape Case in India

Rape and sexual violence are serious offences that can cause profound physical, emotional, and psychological harm. A survivor should not be blamed for what happened. The priority should be immediate safety, medical care, preservation of evidence, reporting, and access to legal and emotional support.

Under the Bharatiya Nyaya Sanhita, 2023, rape is addressed principally under Section 63, with punishment provisions under Sections 64 and 65 and provisions dealing with gang rape under Section 70.

1. Get to a Safe Place

The first priority is safety. If the accused or another person poses an immediate threat, move to a safe location and seek assistance from trusted people or the authorities.

The survivor should not be pressured to confront the accused personally. Avoid taking actions that could increase the risk of further violence.

2. Seek Medical Assistance

Medical attention should be obtained as soon as possible, even when there are no obvious physical injuries.

A hospital can provide treatment and conduct a medico-legal examination where appropriate. Importantly, Ministry of Health guidance states that a person who approaches a hospital directly does not require a police requisition before receiving treatment or undergoing examination. Examination and forensic evidence collection require informed consent.

Medical care may address injuries and other health concerns, while forensic examination may help preserve evidence relevant to an investigation.

3. Preserve Possible Evidence

Where possible, avoid destroying or altering potential evidence before medical examination.

Depending on the circumstances, this may include clothing, photographs, messages, emails, call records, location information, CCTV details, or other digital or physical evidence.

However, do not delay essential medical treatment merely to preserve evidence. Medical professionals can advise on appropriate evidence collection.

4. Report the Offence to the Police

The survivor or another person with relevant information can approach the police to report the offence.

Current criminal procedure provides for reporting through electronic communication in appropriate circumstances, and the Government has highlighted the availability of Zero FIR, allowing an FIR to be registered at a police station regardless of territorial jurisdiction and subsequently transferred to the appropriate police station.

The survivor should provide as much accurate information as possible about what happened, including the approximate time, location, circumstances, identity or description of the accused if known, and available evidence.

5. Keep Records of the Complaint

Keep copies or records of important documents connected with the case, including the FIR number, complaint details, medical documents, and court-related papers.

Write down important dates and keep evidence safely. These records can be useful when communicating with investigators, lawyers, or the court.

6. Cooperate With the Investigation

The police may investigate the allegations, collect evidence, identify and question relevant persons, obtain forensic material, and take other lawful investigative steps.

The BNSS specifically contains provisions concerning investigation, recording statements, and the medical examination of a rape victim.

The survivor should provide truthful information and inform the investigating authorities if additional evidence or relevant information becomes available.

7. Seek Legal Assistance

A survivor can consult a qualified advocate regarding the investigation, court proceedings, bail applications, compensation, and other available legal remedies.

People who qualify for legal aid may approach the National Legal Services Authority (NALSA) or the appropriate State or District Legal Services Authority. NALSA states that its toll-free legal-aid helpline is 15100.

8. Protect Privacy

The identity and personal information of a survivor of sexual offences should be handled with particular care. Avoid sharing the survivor’s name, photographs, address, contact details, medical records, or other identifying information publicly.

The BNSS provides for in-camera proceedings in rape trials and restricts publication of matters relating to such proceedings subject to the law.

9. Emotional and Psychological Support

Sexual violence can have long-lasting emotional effects. A survivor may experience fear, anger, confusion, anxiety, shame, or other reactions.

Support from trusted family members, friends, counsellors, mental-health professionals, victim-support organisations, or legal-support services can be valuable. The survivor should not be pressured to recover according to someone else’s timeline.

Important Precautions

• Do not blame the survivor for the offence.

• Do not threaten or confront the accused personally.

• Do not fabricate or alter evidence.

• Do not delete potentially relevant messages, photographs, emails, or other digital evidence.

• Do not share confidential information about the survivor on social media.

• Do not sign documents without understanding their contents.

• Keep copies of important legal and medical documents.

• Do not ignore police, medical, or court communications.

• Seek professional legal advice for case-specific questions.

What If the Survivor Is a Child?

If the survivor is under 18, additional protections under the Protection of Children from Sexual Offences Act, 2012 (POCSO) may apply. Child sexual-abuse cases require special procedures and child-sensitive handling. The appropriate authorities and qualified professionals should be contacted promptly.

What If the Police Do Not Properly Respond?

If there is difficulty in getting appropriate assistance, the survivor or their representative can seek help from senior police authorities and appropriate legal-services authorities. A lawyer can also advise on the available legal remedies.

Remember

The survivor is not responsible for the crime.

The most important steps are to get to safety, obtain medical care, preserve available evidence, report the offence through appropriate legal channels, protect privacy, and obtain legal and emotional support.

The exact procedure can vary depending on the circumstances, the age of the survivor, the nature of the allegations, and the applicable law. This article is intended for general awareness and is not a substitute for advice from a qualified lawyer or medical professional.

Know your rights. Seek help. Preserve evidence. Report safely. Do not face the situation alone.