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 have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How do I file a rape case and what happens during the medical examination and trial? is governed in India primarily by BNS 2023 s.63-64, BNSS 2023 s.176, BNSS 2023 s.184 and POCSO Act 2012 (if victim is a minor). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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 to do next: 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.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNS 2023 s.63-64 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.