A safe society is when it is rape free. India is having high rates of crimes and
rape is the fourth most common crime in India. Rape is one of the most heinous
crime, on an average 88 cases of rape are registered in India daily. The lives
of rape victims are fully spoiled. In this article we are dealing with the laws
& rights of rape victims in India.
Section 375 of IPC (1860) defines rape. The
POCSO Act 2012 deals with the sexual offences against the children. We have six
rights for the rape victims, Right to zero FIR, free medical treatment in any
private hospital, no two finger testing during medical examination, harassment
free and time bound police investigation, trial with full dignity, speedy &
protection, Right to compensation. The objective of this article is to make
aware the victims about their rights & stop such heinous crime to create a safer
society for our females.
It wasn't her dress ; it was your evil mind. India is the 2nd largest
populated country in the world and also it has high crime rates than other
countries. Rape is the fourth most common crime in India. According to 2019
annual report of the National crime Records bureau (NCRB) 32,033 Rape cases were
registered across the country or an average of 88 cases daily.
So, it is said that "A safe society is when it's rape free
" . So, how can we define rape? Rape
can be defined as:
- Unlawful sexual activity & usually sexual intercourse carried out forcibly
or under threat of injury against a person's will or with a person who is
beneath a certain age or incapable of valid concent because of
mental illness, mental deficiency, intoxication, unconsciousness or deception.
- Rape is forced sexual intercourse, including vaginal, anal, or oral
penetration, penetration may be by a body part or an object.
Rape is one of the worst crime which spoils the whole life of the victims &
there are many such rape incidents which are not even reported because of the
societies mind set which still curse the women's to put short dress but it was
not her dress it was the evil mind. The question arises why rape cases takes
place every year the answer is because of not having strict laws for the devil
Rapist are nothing but monsters in human face so Hang the rapist, we want
justice. The rape victims had a greater impact on their life they may suffer
from depression, post - traumatic stress disorder or may contemplate suicide.
So, what are your views on it what should be the laws? This type of crime is not
against an individual but it is against the humanity.
This article focuses on
what are the types of rapes, what are the laws & Rights of rape victims in
Types Of Rape
Aggravated rape: Aggravated rape can be because of the special position of
either the victim or the criminal.
The punishment for committing such aggravated rape is rigorous
Imprisonment of between 10 years & life with fine.
- Rape by someone having authority or control over the victim because of
there legal status ( like police officer, public servant, armed forces
personnel, jail staff)
- Rape by someone who is in a position of trust with the victim ( like
hospital staffs, relatives, guardians).
- Special nature of victims.
- Rape involving violent circumstances.
Crime of rape & murder:During a rape, if the accused injured the women so
badly that she dies, or goes into a vegetative state , he can be given the death
sentence or life time imprisonment.
Gang rape:If a women is raped at the same time by a group of people, each of
them will be Punished for committing the crime (section 376D IPC) . The
punishment is rigorous for 20 years or life time Imprisonment.
Repeat offenders:The law (section 376E IPC) allows the death sentence to be
imposed where a person is convicted for second time for rape.
The laws for rape crimes in India
Rape & sexual crimes are considered crime under Indian law in the Indian penal
code (1860) IPC. Section 375 of the Indian penal code (IPC) define rape as:
A man is said to commit rape who except in the case hereinafter excepted,
has sexual intercourse with a women under circumstances falling under any of the
six following descriptions.
- Against her will.
- Without her consent.
- With her consent, when her consent has been obtained by putting her or
any person in whom she is interested in fear of death or of hurt.
- With her consent when the man knows that he is not her husband, & that
her consent is given because she believes that he is another man to whom she
is or believes herself to be lawfully married.
- With her consent, when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally
or through another of any stupefying on unwholesome substance, she is unable
to understand the nature and consequences of that to which she gives
- With or without her consent when she is under sixteen years of age.
Explanation- penetration is sufficient to constitute the sexual intercourse
necessary to the offence of rape.
Criminal law (amendment) Act 2013
In 2012 the capital of India Delhi witnessed the most horrific gang rape which
is referred as Nirbhaya rape case, which shook the entire nation and lead to the
introduction of more tougher laws in the form of criminal amendment Act 2013.
Under the new amendment Act, of 2013 the minimum sentence of rape was altered
from seven years to ten years . Furthermore, in cases which resulted in the
death of the victim being left in a vegetative state, the minimum sentence has
been duly increased to twenty years, However under the case cited above since
one of the accused was still a minor, he had to be tried as a juvenile at that
time & thus this one specific accused escaped the complete brunt of the law
despite being 17 years old & just a few months shy of becoming an adult.
In order to avoid such cases in future the age for being tried as an adult for
violent crimes such as rape & murder had been rightfully altered from 18 to 16.
The legislation further upheld that if children within the age of 16 to 18
undertake in activities comprising of gruesome & violent murders and rapes they
deserve to be tried & punished as adults.
Sexual offences against children are defined in the pocso act 2012.
Protection of children from sexual offences Act, 2012 ( POCSO)
In order to effectively address the crimes of sexual abuse & sexual exploitation
of children the ministry of women & child development introduced the POCSO Act,
2012. The Act was enacted to protect the children from sexual assault, sexual
harassment, and pornography. This Act was also amended in 2019 to make
provisions for enhancement of punishment for various offences to ensure safety,
security & dignity of a child.
Silent features of this Act:
- The Act is gender neutral & regards the best interest & welfare of the
child as a matter of paramount importance at every stage so as to ensure the
healthy, physical, emotional, intellectual & social development of a child.
- It defines different forms of sexual abuse, including penetrative , non
- penetrative assault as well as sexual harassment & pornography & seems a
sexual assault to be aggravated under certain circumstances such as when the
abused child is mentally ill or when abuse is committed by a person in a
position of trust or authority vis - a vis the child, like a family member, police officer,
teacher or doctor.
- People who traffic children for sexual purposes are also punishable
under the provision relating to abetment in the act. The prescribe stringent
punishment graded as per the gravity of the offences with a maximum term of
rigorous imprisonment for life and fine.
- It defines child pornography as any visual depiction of sexually
explicit conduct involving a child which include photograph , video, digital
or computer generated images indistinguishable from an actual child.
Rights of a Rape victim
- Right to zero FIR
The term zero FIR means that the person can file an FIR in any police station,
irrespective of the place of incident of the jurisdiction. The same FIR later
should be transferred to the police station having jurisdiction for the
investigation to begin. For instance let us suppose if a girl got raped by
someone in West Bengal & didn't tell anyone about the incident & came to Delhi.
Now, if she wants to file an FIR against that rapist, she can directly go to any
police station in Delhi & can file an FIR against the person. The same FIR will
be transferred by Delhi Police to west Bengal police. This concept is known as
concept of zero FIR. The concept of zero FIR came into force after the Nirbhaya
- Free medical treatment in any private hospitals
According to section 357C of code of criminal procedure, no private or
government hospitals can charge fees for the treatment of rape victims. All
hospitals either private or public, shall immediately provide first aid to the
victims free of cost. If any of the hospitals, demanded a fee for the treatment
of rape victims, then they shall be punished under section 166B of IPC ( non -
treatment of the victim) for up to 1 year & shall be liable for a fine or both.
- No two - finger test during the medical examination
No doctor shall possess the right to do two finger tests while doing the medical
examination. According to section 164A of the code of criminal procedure, this
provision tells us how the report will be made and what things will be written
under the report. The supreme Court itself supported this ruling in the case of
Lillu Alias Rajesh and another vs state of Haryana and stated that two finger
test and it's interpretation violates the right of rape survivors to
privacy, mental integrity and dignity. Hence, it is illegal.
The only work of doctor is to check whether there is nay injury in private parts
or not? Is the rape has been committed with the victim or not? Is there any
recent sexual activity happened or not? No doctor has the right to check about
the past activity of the victim. Keeping this in mind.
Ministry of Health issued a guideline under which a medico kit has been provided
in every hospital to collect the DNA sample for forensic testing.
The report shall contain:
A male doctor is going to do the examination ; he must take the consent for
doing the same. Also he must tell what objects he used at the time of
examination, what procedure he is going to follow. But, he cannot do a two
finger test otherwise it will charge him for rape under section 375 of IPC for
inserting an object in private part.
- Name and address
- Description of the material taken for the DNA Testing
- Marks of injury (if any)
- General mental condition
- Other reasonable material (if any)
Harassment free and time bound police investigationAccording to section 154(1) CrPC, the statement shall be recorded by a women
police officer or any other officer. The officer will come as per the time
decided by you or favourable to you. And they shall fix the place as per your
convenience. The women officer shall record the statement in the victims
presence parents or guardian.
A magistrate shall record the statement as per sec
164(5A) the lady police officer shall take the victim in court and the statement
should be recorded in the chamber of magistrate. If rape victim is dumb or
mentally disable to explain the situation, then Analyzer Educator social
interpretation will be present at that moment to understand the sign.
Trial with full dignity, speedy and protection
- Section 26 of CrPC states that the trial shall be practicable by the court
presided over by a women. Further, no question shall be asked to victim that
assassinates the character of her.
- Section 53A of the Indian Evidence Act states
any question pertaining to previous sex history is irrelevant.
- Section 327(2) of CrPC defines the inquiry and trial of rape shall be conducted
- Section 327(3) of CrPC states that the statement given by the victim to the
magistrate shall be confidential.
- Section 173(1A) of CrPC states that investigation shall be completed within two
months from the date on which the information was recorded.
Right to compensationA new provision has been introduced as section 357A of code of criminal
procedure, which states the victim compensation scheme. The supreme Court has
laid this provision down for framing a scheme for compensation with Nipun saxena
vs union of India keeping this in mind, National legal service authority made
the rules for compensation scheme for women victims.
Rape is one of the worst crime done by human beings, it is not against an
individual but against the whole humanity. So, this type of crime must stop to
make a idle society. We must change our mind sets and make our society saver for
females. The rapist must be punished so that this type of crime shall not take
place again and we can give a safe environment to our females and make a better
Written By: Md Janeshar Alam
- 1st Year Student BA-LLB(H) - Techno
India University, Kolkata