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Reporting Rape: Your Legal Rights and What to Expect

Sep 30, 2024

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Rape under the law is defined as a man committing non-consensual sexual acts, including penetration or other forms of sexual contact, either directly or indirectly, with or without the victim's consent. It includes acts done under coercion, deceit, or when the victim is unable to consent due to age, mental incapacity, or intoxication. Penalties range from ten years to life imprisonment, with harsher sentences for repeat offenders and specific cases involving minors or abuse of authority. Disclosing a victim’s identity without authorization is also prohibited.


Legal framework under Bharatiya Nyay Sanhita,2023: 


  1. (Section 63): Defines rape as various forms of non-consensual penetration and manipulation involving the vagina, mouth, urethra, or anus under specific circumstances.

  2.  (Section 64): Punishment for rape: Prescribes rigorous imprisonment of 10 years to life for rape.

  3. (Section 65) Rape of a minor girls : Imposes a minimum of 20 years to life or death penalty for rape of girls under 16, and death penalty or life imprisonment for rape of girls under 12.

  4.  (Section 7) POCSO: Provides protection from harassment and sexual offenses against children. Punishable by law with the imprisonment of 7 years or with a fine,

  5.  (Section 66) Rape resulting in death or vegetative state: Imprisonment for 20 years to life or death penalty.

  6.  (Section 67) Sexual intercourse by husband during separation: Imprisonment not less than 2 years which may extend to 7 years and fine.

  7. ( Section 68) Sexual Intercourse by person in authority: Imposes 5 to 10 years of Rigorous imprisonment for abuse of authority to induce sexual intercourse, not amounting to rape.

  8. (Section 69) Sexual intercourse by partner falsely promising to marry her :  Imprisonment which may extend to 10 years and fine; Non-bailable.

  9. (Section 70) Gang rape:  Imprisonment  minimum of 20 years to life or death for gang rape, Life imprisonment with fine and with death  for rape of girls under 18.

  10. (Section 71) Punishment for repeat offenders: Imposes life imprisonment or death.

  11. (Section 72) Publishes or print the identity of rape victim: Imprisonment for 2 years.


Immediate Steps After the Incident:

  1. Seek Medical Attention: Visit a hospital or clinic as soon as possible. Medical professionals can provide necessary care, including treatment for injuries, prevention of sexually transmitted infections (STIs), and emergency contraception if needed. They can also collect forensic evidence.

  2. Preserve Evidence: Avoid washing, changing clothes, or cleaning up, as this may destroy vital evidence. If you change clothes, keep the original clothes in a clean paper bag to give to the police.

Filing a Police Report:

  1. Go to the Police Station: Visit the nearest police station to file a First Information Report (FIR). In many places, you can also call the police to come to you, or go to the hospital first, where the police can be informed.

  2. Give a Statement: Provide a detailed account of the incident. It is your right to have your statement recorded by a female officer if you prefer.

  3. Medical Examination: The police will likely take you for a medical examination to collect forensic evidence (this is crucial for the case). Consent for this examination is necessary.

  4. Document Collection: The police will gather evidence, including your clothing, medical reports, and any other relevant items.

  5. Receive a Copy of the FIR: Ensure you get a copy of the FIR, as this is essential for tracking the progress of your case.

  6. Investigation: The police will investigate the case, which may include questioning witnesses and gathering additional evidence.

  7. Charges: If sufficient evidence is found, the police will file charges against the perpetrator.

Court Proceedings: The case will be taken to court, where you may need to testify. Your lawyer or a state-appointed prosecutor will handle the case on your behalf.

Sep 30, 2024

3 min read

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