Introduction
Rape is one of the gravest offences recognised by law. Under section 64, Section 65 to 68, Section 70, section71, Section79 or section 124 sub section (1) of the Baraathiya Nyaya Sanhita,2023 offence coverd under section 64, Section 65 to 68, Section 70, Section71, Section79 or section 124 sub section (1) of the Baraathiya Nyaya Sanhita 2023 deal about the offence against in the women. Rape is not merely the crime against the body of a women , but a grave assault on her dignity, identity, and personhood. The case Prahlad & Anr. v. State of Haryana (Criminal Appeal No. 983 of 2015) The Supreme Court held that rape is not merely a criminal offence but a grave violation of human rights, dignity, and personal autonomy. It causes irreparable psychological and emotional harm, leaving scars far beyond the physical act. The Court emphasized that leniency in sentencing would undermine the rule of law, because rape strikes at the very core of Article 21 of the Constitution the guarantee of life, dignity, and bodily integrity .In Lillu @ Rajesh & Anr. v. State of Haryana (2013) 14 SCC 643 Supreme Court struck down the notorious “two-finger test”, declaring it a violation of victim’s privacy, dignity, and bodily integrity. Even if the test indicated prior sexual activity, it cannot imply consent. So the Judiciary make it clear that the law must walk hand in hand with dignity.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has built detailed procedures to protect the dignity of the victim at every stage, from medical aid to final judgment. The BNSS goes further by fixing timelines, using technology, and strengthening victim rights. Along the way, the law (earlier under the Crpc, now primarily under the BNSS) fixes who does what, where the evidence goes, how long agencies may take, and how the victim’s dignity is protected. Below is the journey Let us walk through the process step by step.
1) The law’s first safety net give to the rape victims
A woman victim arrives at a hospital after an offence covered under section 64, Section 65 to 68, Section 70, Section71, Section79 or section 124 sub section (1) of the Barathiya Nyaya Sanhita,2023, She must be treated immediately and free of cost (first-aid, tests, surgery if needed) Under Section 397 of the Bharathiya Nagarik Suraksha Sanhita,2023. Every hospital, public or private, whether run by the Central Government, State Government, local bodies or any other person, is obliged to provide that help and immediately inform the police. So this is the law’s first safety net: no delay for payment, no delay in starting the legal process.
2) If the woman (or someone on her behalf) tells the police what happened, that information must be recorded in the way BNSS requires. BNSS gives special priority to woman-friendly recording in BNSS Section 173(1)
If the information comes from the woman who is the alleged victim of an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer.
If the victim is temporarily or permanently, mentally or physically disabled, then the police must record the information at the home or a convenient place of the person’s choice, in the presence of an interpreter or special educator, and the recording shall be videographed. The police officer must then get that statement recorded by a Magistrate under Section 183(6) of BNSS, as soon as possible. so Magistrate must promptly record the victim’s statement. The procedure to be followed is;
- Preferably by a woman Magistrate, or otherwise in the presence of a woman.
- If the victim is disabled, her statement, recorded with interpreter/educator help also recorded her statement audio-video electronic means preferably by Mobile phone.
- Such a statement acts as examination-in-chief under Section 142 Barathiya Sakshya Athiniyam (BSA) 2023, reducing the need to repeat evidence at trial. So the victim is not forced to repeat the whole examination again at trial.
3) Medical examination and the 7-day rule (very important) — Section 184 BNSS
- This process done during the investigation. With the woman victim’s consent, a registered medical practitioner performs the medical examination (blood, semen, swabs, hair, nail clippings, DNA tests, etc.). Crucially, the BNSS requires the medical examiner to forward the medical report to the Investigating Officer within 7 days under Section 184(6) BNSS. That short deadline is intended to prevent delay in collecting and preserving crucial forensic evidence.
- Medical Examination: What Does It Mean? The word “examination” in criminal cases is not just about a routine check-up. Section 51 BNSS Explanation (a) says that examination includes: Testing of blood, blood stains, semen, swabs (especially in sexual offence cases), Sputum, sweat, hair, finger nail clippings, Use of modern scientific techniques like DNA profiling, and any other test that a doctor thinks necessary for that case.
- Who is a Medical Examiner? The law uses the term “Registered Medical Practitioner.” Section 51 BNSS Explanation (b) defines it: A person with a recognised medical qualification under the National Medical Commission Act, 2019, and Whose name is registered in the National Medical Register or State Medical Register. In simple terms, only a qualified and Authorised doctor can conduct such examinations, so that the evidence collected is credible and cannot be easily challenged in court.
- Why is Medical Examination Important for Victims? In sexual offence cases, a victim’s statement alone may not always be enough because of stigma or lack of eyewitnesses. The law, therefore, gives importance to scientific proof. For example, DNA profiling can connect the accused directly with the crime.
It also helps protect the innocent, because false accusations can be disproved with medical and forensic reports. Thus, Section 51 balances both sides: victim protection and fair trial rights.
4) Investigation
- Rape is cognizable, so Section 175 of BNSS states that Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case.
5) During the investigation oral examination by the investigating
- Section 180 BNSS Specially permits that the oral examination by the investigating officer and allows the statement to be recorded in writing or by audio-video electronic means; and it expressly provides that the statement of a woman in sexual offences shall be recorded by a woman police officer or any woman officer.
6) victim’s statement
Section 176 BNSS explains the procedure for investigation and, in rape cases, specifically states that the recording of the victim’s statement shall be conducted at the residence of the victim or in the place of her choice, and, as far as practicable, by a woman police officer and the statement may also be recorded through audio-video electronic means, including a mobile phone.
7) Time limits on investigation and IO report section 193(1) BNSS
The investigating officer must complete the investigation without unnecessary delay and BNSS fixes a statutory timeline for many serious offences. The final police report (charge-sheet/final report) should be filed within two months from the date the information was recorded. The IO must also inform the informant/victim of progress within 90 days by electronic or other means under section 193(h)(ii). These time limits aim to curb the long delays that have frustrated victims for years.
8) Sensitive Information in Statements under Section 193(7) BNSS
After the investigation, the police submit a report to the Magistrate. Along with it, they also forward witness statements. But sometimes, these statements may contain:
- Information not relevant to the case,
- Details that could endanger someone if revealed, or
- Material whose disclosure is against public interest.
Section 193(7) BNSS allows the police officer to request the Magistrate to exclude such parts before copies are given to the accused.
Example: In a sexual offence case, if the victim’s private details (like address or personal history) are written in the statement, the officer may request the court to keep it confidential.
This protects the privacy and dignity of the victim, while still giving the accused a fair chance to defend himself with the relevant material.
9) Suspicious female deaths, special procedure (Section 194)
Where a woman dies under suspicious circumstances and it is not clear whether sexual assault occurred, BNSS provides a special procedure in Section 194 BNSS. For more understanding about this procedure, read the Manohari vs The District Superintendent Of Police 2018 (3) madWN(Cri) 143.
10) Identity protection for rape victims under the Section 72 the Baraathiya Nyaya Sanhita,2023
Section 72 (BNS): Disclosure of identity of victim of certain offences, etc.
1. Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
2. Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is,
(a) by, or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
(b) by, or with the authorisation in writing of, the victim; or
(c) where the victim is dead or minor or person with mental illness, by, or with the authorisation in writing of, the next of kin of the victim;
Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Explanation: For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central Government or State Government.
(This prevents media/public naming the survivor except in very narrow, authorised circumstances). But Section 392(4): BNSS provides that once judgment is given the copy should be uploaded to the Court’s portal within seven days from the date of judgment (this helps digital records and transparency).
At the same time, Section 73 BNSS prohibits printing/publishing court proceedings or court material without permission, a complementary protection to Section 72 that safeguards victims’ identities and court integrity. So the judgments must be uploaded quickly, but identity and controlled publication rules still apply.
11) Whether the Rape accused is a public servant, the sanction rules apply or not under Section 218 BNSS?
BNSS keeps the general rule of prior sanction for prosecution of certain public servants, but it expressly provides that no sanction shall be required where the public servant is accused of the specified, any offence alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023. In practice, this means an accused official cannot use “sanction” as a delay tactic in many sexual-offence prosecutions.
12) Who is Presiding judge in rape cases
Under Section 21 of the BNSS State that, as far as practicable, any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried by a Court presided over by a woman.
13) How the trial conducted in Rape case?
In-camera trials: As per section 366 BNSS, Rape and specified sexual offences must, where required, be tried in-camera to protect the victim’s privacy (no open courtroom spectating).
14) Victim’s confrontation & child victims
BNSS section 308 and related provisions instruct courts to avoid direct confrontation between accused and victims, that the where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the Court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.
15) Trial time limit for rape cases
BNSS aims to avoid delay. Under section 346(1) proviso of BNSS requires that an inquiry or trial shall be completed within two months from the date of filing of the chargesheet (this is a stringent deadline to speed up matters).
16) Bail in rape cases — Section 482 / 483 BNSS (strict rules)
Section 483: Before granting bail in those serious cases, the High Court or Session Court must give notice to the Public Prosecutor within 15 days; further, the presence of the informant or a person authorised by the informant is obligatory at the hearing of the bail application under those sections. This keeps the victim’s (or informant’s) voice present when bail, a liberty-affecting step is considered.
Section 482: BNSS excludes anticipatory bail protections for certain offences — nothing in section 482 applies to an arrest on accusation of offences under section 65(2), 70 of BSA (these are the most serious rape provisions).
17) Let’s see some important judgments
1) Nipun Saxena v. Union of India (2018 SCC OnLine SC 2772). This landmark case created a nationwide protective framework for survivors, balancing privacy, dignity, rehabilitation, and state responsibility. The Court issued key directions:
- No one may publish the victim’s name or identifying details in print, electronic, or social media.
- If the victim is dead or of unsound mind, even the next of kin cannot disclose her identity without permission of the Sessions Judge.
- FIRs in rape and POCSO cases must not be in the public domain.
- Victims filing appeals under Section 372 CrPC need not reveal their identity.
- Police must keep the victim’s details in sealed cover and replace records with anonymised versions.
- All authorities handling the case must maintain the secrecy of the identity.
- Only the Sessions Judge can authorise disclosure of identity in specific cases.
- States/UTs were directed to establish “One Stop Centre” in every district for victim support within one year.
2) Delhi Domestic Working Women’s Forum v. Union of India (1995 SCC (1) 14)
The Sc Court acknowledged defects in the system and laid down 8 victim-centric parameters:
- (1)The complainants of sexual assault cases should be provided with legal representation.
It is important to have someone who is well- 20 acquainted with the criminal justice system.
The role of the victim’s advocate would not only be to explain to the victim the nature of the proceedings, to prepare her for the case and to assist her in the police station and in court but to provide her with guidance as to how she might obtain help of a different nature from other agencies, for example, mind counselling or medical assistance. It is important to secure continuity of assistance by ensuring that the same person who looked after the complainant’s interests in the police station represent her till the end of the case.
- (2)Legal assistance will have to be provided at the police station since the victim of sexual assault might very well be in a distressed state upon arrival at the police station, the guidance and support of a lawyer at this stage and whilst she was being questioned would be of great assistance to her.
- (3)The police should be under a duty to inform the victim of her right to representation before any questions were asked of her and that the police report should state that the victim was so informed.
- (4)A list of advocates willing to act in these cases should be kept at the police station for victims who did not have a particular lawyer in mind or whose own lawyer was unavailable.
- (5)The advocate shall be appointed by the court, upon application by the police at the earliest convenient moment, but in order to ensure that victims were questioned without undue delay, advocates would be authorised to act at the police station before leave of the court was sought or obtained.
- (6)In all rape trials anonymity of the victim must be maintained, as far as necessary.
- (7)It is necessary, having regard to the Directive Principles contained under Article 38(1) of the Constitution of India to set up the Criminal Injuries Compensation Board. Rape victims frequently incur substantial financial loss. Some, for example, are too traumatised to continue in employment.
- (8)Compensation for victims shall be awarded by the court on conviction of the offender and by the Criminal Injuries Compensation Board, whether or not a conviction has taken place. The Board will take into account pain, suffering and shock as well as loss of earnings due to pregnancy and the expenses of childbirth if this occurred as a result of the rape.
3) The Director, Tamil Nadu State Judicial Academy v. State of Tamil Nadu (Madras HC, 2006). In contravention of the Immoral Traffic in Persons (Prevention ) Act, 1986 ( for short TTP Act ) on efforts Had been made to facilitate the reintegration and rehabilitation of the women who were detained without any inquiry. With a view to promote the reintegration and rehabilitation of sexually abused children or trafficked children, the high court issued direction to the police , Magistrates, Juvenile justice Boards, Legal Services Authority, and state Government
4) Vishaka v. State of Rajasthan (1997) 6 SCC 241 ,Before the 2013 POSH Act, this case laid down binding workplace guidelines against sexual harassment. Every complaint had to go before an internal complaints committee. These guidelines paved the way for the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.
5) Youth Bar Association of India v. Union of India, AIR 2016 SC 4136– sc held that the offence is sensitive in nature like sexual offences pertaining to insurgence terrorism and of that category, offences under POCSO Act 2012 and such other offences not to upload on the police website.
18) Statutory Presumption -Section 120, Bharatiya Sakshya Adhiniyam, 2023
120. Presumption as to absence of consent in certain prosecutions for rape
In a prosecution under section 64(2) BNS, if sexual intercourse is proved and the woman states in her evidence that she did not consent, the Court shall presume absence of consent.
This shifts the burden- once intercourse is proved, the accused must disprove the absence of consent. It strengthens survivor testimony by recognising that a clear statement of “no consent” is enough unless rebutted.
19) Judicial Approach to Settlements in Rape Cases
While the consistent position of the Supreme Court has been that rape is a heinous offence and compromises cannot normally be permitted, the Court in Madhukar & Ors. v. State of Maharashtra (2025 live law sc 710) recognised that in exceptional cases, criminal proceedings may be quashed if:
- The prosecutrix has unequivocally stated she does not want to pursue the case,
- The dispute arose in a peculiar factual matrix (such as counter FIRs),
- Continuation of proceedings would only cause distress to the survivor and serve no meaningful purpose, and
- Both parties have amicably resolved their differences.
Conclusion
BNSS tries to speed up justice and reduce the trauma of the process by fixing where evidence goes, who must record it, how quickly it must move, and how the victim’s privacy is protected. Rape is not only a crime against the body but also an attack on the dignity of a woman. As the Supreme Court held in Pawan Kumar v. State of H.P. (2017), “No one can compel a woman to love. She has the absolute right to reject. She has an individual choice which is legally recognized and socially respected.” Justice is not complete only with punishment of the offender; it must also protect the dignity and confidence of women. Every woman has the right to live with safety, equality, and respect, and society must work together to ensure this and Justice is not complete when only punishment is given; true justice is when every woman feels safe, respected, and empowered. With this hope, let us continue to learning the law.
THANKING YOU
BY ADVOCATE M. Sathini Mathiyalagan.
