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Know Your Rights

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Our Indian legal system recognizes rape as a serious crime and provides a comprehensive framework of laws to offer support and protect the dignity and well-being of survivors. These rights are yours to claim, use, and stand on as you seek help, safety, and healing.

Understanding your rights is the first step toward exploring your options, reclaiming your well-being, and rebuilding your future. Let’s take that step together, now.

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#1. Right to Free Medical Care & Forensic Examination

 

(a) Free medical care at any private or government hospital

  • No hospital can charge fees for the treatment of rape survivors (BNSS Section 397)

  • If a hospital demands payment, it is punishable with up to 1 year of imprisonment,  a fine, or both (BNS Section 200)

  • Medical help cannot be denied or delayed, even if an FIR is not filed

  • If the survivor reports the crime at the police station, the Investigating Officer (IO) must help them get medical treatment and examination within 24 hours of receiving the information about the offence.

  • Medical practitioners are mandated to send the survivor’s medical report of rape to the investigating officer within 7 days

  • Patient confidentiality must be ensured at all costs; this is a punishable offence if confidentiality is breached

  • There is no statutory time limit for conducting the medical and forensic examination after the assault, but it is best done within 96 hours for evidence collection. Even if a survivor comes later, she cannot be denied free treatment.

(b) Right to Consent

A medical professional must obtain written consent before any examination, evidence collection, treatment, or police intimation, except in life-saving emergencies.

 

Before any examination, the medical professional must:

  • Make every effort to have a female doctor or female attendant present in the room

  • Obtain a written consent signed by the survivor, a witness, and the examining doctor

  • Explain all procedures and instruments to be used

 

Additionally:

  • The police & doctor must inform the survivor of their right to refuse filing an FIR, and document this refusal

  • The police must record and share with the survivor the MLC (Medico-Legal Certificate) number, along with the police station details, for future reporting

  • A medical exam of the perpetrator may also be legally ordered to help corroborate the survivor’s account

(c) In the Medical Room, the survivor has the final say

  • The doctor must clearly explain the examination in simple language; interpreters (including sign language) must be provided if needed

  • Neither the court nor the police can force the survivor to undergo a medical exam 

  • Police are not allowed in the examination room

  • Survivors have the right to be accompanied by a person of their choice

  • Special measures must be taken for marginalised groups (children, disabled, LGBTQ+ persons, or other minorities)

  • The survivor can pause, skip, or stop the examination at any point

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#2. No Two Finger Test




 

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(a) The Two Finger test is Illegal

  • The “two-finger test” is an outdated and banned practice. It is medically unscientific, legally banned, and has no relevance in cases of sexual violence. No doctor is allowed to insert fingers into the survivor’s vagina to check the survivor’s past sexual history, and it can never be used to judge or question their experience

  • This test violates the right to privacy, dignity, and mental integrity of rape survivors, as upheld by the Supreme Court in 2022.

  • Medical reports must focus only on present findings, not past sexual history (BNSS Section 184)

  • A survivor’s character or previous sexual experience cannot be used to assess consent or credibility (BSA Section 48) 

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(b) Mandatory Use of Rape Kit

  • As per Health Ministry guidelines, all hospitals must use a medico-legal/SAFE (Sexual Assault Forensic Evidence) kit to collect a DNA sample for forensic testing, after taking a written consent.

  • The Report shall contain:

    • Personal & case details 

    • Informed consent - written and signed for the examination, evidence collection and treatment

    • Incident information 

    • General and physical examination, including injuries

    • Genital examination

    • Forensic sample collection

    • Opinion of the doctor based solely on clinical findings

    • Documentation and signature

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#3. Right to Zero FIR





 

(a) Rights when filing an FIR

  • A Zero FIR allows the survivor to file an FIR (First Information Report) at any police station, regardless of jurisdiction

  • Police must record the complaint without delay or refusal

  • The FIR must be recorded by a female police officer or a female officer.

  • It must then be transferred to the relevant station

  • A free copy of the FIR must be given to the survivor immediately 

  • The FIR must be recorded in the survivor's preferred language

  • For minors, parental or guardian consent is required when recording the FIR

  • Police must come to the survivor’s residence or a place of their choice to record the FIR, if the survivor chooses.

(b) Survivor recourse if filing an FIR is refused

  • Draft a written complaint to the SP/DCP mentioning refusal, send via registered post.

  • If the SP/DCP refuses, or does not act, file a complaint before a Judicial Magistrate (BNSS Section 175), who can then order the police to register the FIR and investigate the crime. In order to do so, engage a lawyer who will draft your application along with a supporting affidavit and file it with the Magistrate court. This will be followed by a hearing.

  • Petition to the High Court is the final remedy.

  • Seek legal aid from NALSA - National Legal Services Authority here or other NGOs nearest you.

  • If the Police blame you, the survivor or pressure you to drop the case -

    • Demand to speak to a senior officer

    • Record the conversation (if safe)

    • Report this to the State/National Human Rights Commission here or call the Helpline 14433;
      OR report this to the National Women's Commission Complaints Registration and Monitoring System       here ( or call the  24x7 women's helpline at 14490).

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#4. Right to Time-bound & Harassment-free Police Investigation



 

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(a) Statement Recording (BNSS Section 173)

  • The survivor's statement must be recorded by a female officer respectfully, without delay and without discrimination of any kind.

  • The time and place should be fixed at the survivor's convenience

  • A parent or guardian can be present during the process

  • If given orally, the survivor's statement must be written down, read back to them, & signed by them 

  • Dying declarations must be recorded by the police before the Magistrate or Doctor, or video-graphed

  • The IO must send a copy of the FIR to the Judicial Magistrate within 24 hours, and in case of delays, reasons must be documented

  • The details are formally entered in a government-prescribed record

  • Survivors are entitled to receive copies of the FIR, police reports, chargesheet, statements, confessions, and other documents within 14 days

  • A free copy of the Charge Sheet (post-investigation) must be given to the survivor and filed in the court within 60 days 

  • Survivors must receive case updates within 90 days

  • In rape cases, the police investigation must be completed within 2 months from the date the complaint is officially recorded (BNSS Section 193)

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(b) Statement Before a Magistrate (BNSS Section 183)

  • The law mandates that a survivor’s statement should be recorded by a woman Magistrate, or in her absence, a male magistrate, in the presence of a woman.

  • A magistrate must record the survivor's statement, ideally in a private chamber (BNSS 183 (6)(a))

  • A female police officer should accompany the survivor to court

  • If the survivor is unable to communicate clearly, a support person / interpreter / special educator must be provided.

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#5. Right to Trial with Dignity, Speed, and Protection




 

(a) Trial Before a Woman Judge - (BNSS Section 21)

 As far as practicable, the offence shall be tried by a Court presided over by a woman.

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(b) No Character Assassination - (BSA Section 48)

 Any question about a previous sex history is irrelevant

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(c) Presumption of truth:
The testimony of the survivor is considered to be prima facie true, and the burden of proof is shifted to the accused to establish non-occurrence of rape. (BSA Section 114(a)).

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(d) In-Camera Proceedings - (BNSS Section 366(2)) 

 The trial must be held in-camera, closed to the public and press.

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(e) Confidentiality of Statements - (BNSS Section 366(3))

  • ​Statements to the magistrate remain strictly confidential

  • The IO must not disclose the survivor's identity under any circumstances to the media or public

  • Any officer or employee of the Police should never divulge any information about the survivor or the investigation (including their medical report) to anyone, including the media.

 

(f) Protection and Support

  • Protection shall be given by court order so that no one threatens the survivor and witnesses

  • Police must escort survivors to and from court to prevent contact with the accused 

  • Any bail application by the accused must be reported to the survivor immediately

  • If needed, safe shelter should be arranged for the survivor

 

(g) Right to a Fast Track trial

  • Fast Track Special Courts (FTSCs) are specialized courts set up across India to expedite trials and backlogs in cases of rape and POCSO offences effective October 2019 by the Department of Justice.

  • Survivors enter the FTSC system by filing an FIR and under the FTSC Scheme guidelines, cases of rape and those under the POCSO Act are automatically identified by High Courts for transfer from regular courts to dedicated FTSCs. Their goal is to complete trials within 60–90 days.

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#6. Right to Compensation


 

  • Every state must have a 'Survivor Compensation Scheme' to support survivors or their dependents (BNSS Section 396)

  • Compensation can be granted regardless of the trial outcome

  • This financial support is meant to assist with rehabilitation needs, in addition to any fines imposed by the court

  • The amount is based on the severity of the crime, the survivor’s needs & the state’s resources

  • You, your dependent or the SHO can submit the compensation application, Form-I to your local State or District Legal Services Authority (SLSA/DLSA). Some authorities allow online submission through their portals. There is a mandatory requirement of reporting the FIR by the SHO/SP/DCP and also if available the medical report, copy of judgement / recommendation of the court if the trial is over, and other documents.

  • Apply for victim compensation here.

  • For more information on how much compensation is due to the survivor and how to apply, please refer to the NALSA Compensation Scheme for Women survivors/Survivors of Sexual Assault/other Crimes - 2018

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Indian Legal Codes:

CrPC: Code of Criminal Procedure, 1973

BNSS: Bharatiya Nagarik Suraksha Sanhita, 2023 (Replaces CrPC)

IPC: Indian Penal Code, 1860

BNS: Bharatiya Nyaya Sanhita, 2023 (Replaces IPC)

IEA: Indian Evidence Act, 1872

BSA: Bharatiya Sakshya Adhiniyam, 2023 (Replaces IEA) 

For References, click here.

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