How do I file a rape case and what happens during the medical examination and trial?

Question

I am a survivor of sexual assault and want to understand the process of filing a case, the medical examination and what protections I get during trial. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How do I file a rape case and what happens during the medical examination and trial?" turns on BNS 2023 s.63-64, BNSS 2023 s.176, BNSS 2023 s.184 and POCSO Act 2012 (if victim is a minor). The points below set out the position and then what to do about it, in the order it should be done.

Rape is defined under BNS s.63 with punishment under s.64 of rigorous imprisonment of not less than 10 years, extendable to life, and enhanced punishment for aggravated categories such as custodial rape or gang rape.

BNSS s.176 mandates that the statement of a rape survivor be recorded by a woman police officer, preferably at the survivor's residence and in the presence of a parent, guardian or social worker, and investigation must be completed within 2 months of FIR registration.

The medical examination must be conducted with the survivor's consent under BNSS s.184 at a government or recognized hospital, free of cost, and the report cannot draw adverse inferences merely from the survivor being 'habituated to sex'.

The survivor's identity cannot be disclosed in media reports under BNS s.72, and in-camera trial before a woman judge, where possible, is mandated to protect dignity and prevent re-traumatisation.

If the survivor is a minor, the case is tried under the POCSO Act with a Special Court and additional child-friendly procedures, and the FIR must be registered immediately without any preliminary inquiry.

What this means for you: 1) Report the incident to the police or a woman helpline immediately; a Zero FIR can be filed at any police station; 2) Undergo medical examination at a government hospital as soon as possible for evidence preservation; 3) Request recording of statement by a woman officer and ask about victim compensation schemes under BNSS s.396; 4) Engage a lawyer or approach a legal aid clinic for free legal assistance through the case.

Where the facts are disputed, what usually decides a rape case filing matter is the paper trail — dated complaints, acknowledgments and written replies under BNS 2023 s.63-64. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.