Here is what you can do if you are a rape victim

The Indian legal system first introduced central legislation codifying the criminal law of the land in 1860 in the form of the Indian Penal Code. The legal definition of rape and its punishment is provided in the IPC, which since its inception has undergone various changes to keep with the times.

What is Rape according to Indian Law?

The definition of rape as it stands today under Section 375 of the Indian Penal Code is sexual intercourse (penetration as also oral intercourse and even if with an object or different part of the body other than the penis) by a man with a woman in either of the following circumstances:-

• Against her will

• Without her consent i.e. permission

• With her consent, when such consent has been obtained by putting her or any person in whom she is interested in fear of death or hurt

• When her consent has been obtained by a man knowing he is not her husband and that her consent is given because she believes that he is another man who she is or believes herself to be lawfully married to

• With her consent, when she is not in a state to understand the nature and consequences of that to which she gives consent. This relates to instances when the woman is of unsound mind or under some intoxication or has been administered by such man or through another any stupefying agent or unwholesome substance

• With or without her consent, when she is under 18 years of age

• When she is unable to communicate her consent

Thus, a woman who has or believes herself to have been a victim of rape that falls in any of the above categories as recognized by law should take the following steps as per the laws laid down by the legislature for her protection and legal recourse.
 

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What should a woman do if she has been a victim of rape?

• Both government and private hospitals in India must provide free first aid and medical care to any rape victim. The hospital must not only treat the victim but also collect evidence depending on whether the victim wants to report rape or not.

• The identity of the rape victim is also protected under the law and this is ensured by not just the hospital authorities but also the police administration and the media.

• The information provided to the police authority by a rape victim has to be recorded by a woman police officer or any woman officer. Further, the police officer is to get the statement of the rape victim recorded by a judicial magistrate as soon as possible.

• With respect to the investigation of the crime, the law states that about an offense of rape, the recording of the statement of the victim shall also be conducted at the residence of the victim or the place of her choice and as far as practicable, by a woman police officer in the presence of her parents or guardian or near relatives or a social worker of the locality,

• Even during the investigation, if the victim has to be medically examined, a special provision under Section 164A of the Code of Criminal Procedure has been provided for this purpose. As per the provision, the examination has to be done by a registered medical professional employed at a government hospital, or else by a registered medical practitioner with the consent of the victim or a person capable of giving consent on her behalf. Such examination has to be carried out within 24 hours of receiving information regarding the commission of the offense of rape. The such examination has to be completed with utmost haste.

• With respect to the investigation, the Code of Criminal Procedure further states that with respect to the offense of rape against a child, attempts should be made to complete the entire investigation within a period of 3 months from the date on which the information regarding the offense was recorded by the officer in charge of the police station.

• The law also provides that in cases where the offense of rape has been committed on a woman, and such victim is in the custody of police or any other custody authorized by the court, in addition to the inquiry or investigation held by the police, an inquiry shall also be held by the Judicial Magistrate or Metropolitan Magistrate. This ensures an enhanced role of the authorities in the investigation of rape victims and swift justice delivery for the victim.

• For the protection of the identity of a rape victim, the law mandates that the inquiry into and trial of such offense shall be conducted in camera i.e. privately and away from the eyes of the general public and media. Further, as far as practicable, such trials are to be conducted by a woman judge or magistrate.

• Even in cases where the publication regarding a rape trial is allowed by the court, the same is subject to maintaining complete confidentiality regarding the identity of the rape victim.

• There are also numerous fast-track courts set up across the country for hearing rape trials to ensure speedy delivery of justice.

• There are several helplines and cells where rape victims can find help. For instance, the Delhi government & lsquo Rape Crisis Cell' (23370557) operates 24x7 round the year in addition to a 'Woman in Distress Helpline' (181)
   

Rape against minors

In addition to the provisions governing Rape and its punishment under the Indian Penal Code , the legislature has also enacted a special legislation titled, ' Protection of Children from Sexual Offences Act, 2012 ' to ensure even more stringent measures for the effective protection of minor victims of rape in our country.

Why do you need a lawyer?

A trained criminal lawyer can help guide you best through the criminal justice delivery mechanism of our country. With a precise understanding of both substantive as also procedural law of India, a lawyer will ensure that your interests are protected in such sensitive matters and that the judicial and police authorities are properly aided to deliver justice. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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