Rights of Rape Victim

Rights of Rape Victim

Introduction :

Most of the rape cases in India left unrecorded or unregistered.One of reasons is that the

people are not aware of their rights. Only in few in cases the rape victim gather the courage to

fight against the wrong done with her and approach the court for the sake of justice with the

support or her family or friends.

Increase in number of rape cases in India :

Rape cases in India are increasing day by day.As published in The Tribune, According to the

National Crime Records Bureau, as many as 4,28,278 cases of crime against women were

registered during 2021—an increase of 15.3 per cent over 2020 (3,71,503 cases).

In one way it is commendable that rape victims are aware of their rights and have strength to

fight for herself in comparison of those who choose to be shut for their fame and don't even get

the support from society and thus don't approach the court of justice.But in other way it is

heartbreaking that such heneous crime against Women is increasing.Such crime not only

affects the physical and medical health and dignity of the victim but also affects the society by

making it unsafe for women.Unfortunately, here the 'women' are not only the young ones but

also the children and old aged females.

Rights of rape victim : 

In order to have a hussle free trial, the rape victim must be aware of the legal rights and related

provisions of law and ruilings of court to act in accordance.

There are basically six main rights of rape victims in India.They are-

- Right to Zero FIR

- Free Medical treatment

- No two finger test

- Harrasment free and time bound police investigation 

- Trial with full dignity,Speed and protection

- Right to compensation

One (the rape victim), worrying about defame by society, should not step back or drop the case

instead she should be aware of her rights as rape victim and duly exercise them in order to

have secure and protected trial and without having her identity be releaved or her dignity be

harmed.

One must know about two basic rights i.e. right to harrasment free investigation and right to

trial with full dignity, speed and protection.These rights are further protected by provisions of

law.

Provisions of law protecting the rights of rape victims in India :

Section 154(1) of CrPC enables the information by the rape victim to be recorded by a women police officer or any women officer for ensuring hassle free statement by victim and friendly atmosphere soothing her mind.

Further the procedure for investigation is provided under Section 157 of CrPC.Its provides that in relation to the offence of rape, the statement of the victim shall be conducted at the residence of the victim or in place of her choice by a women police officer in the presence of her parents or guardian.

You can ask for presence of anyone you want or find suitable or deny the same.

In Code of criminal procedure under Section 164(5-A) the procedure for recording the

statement is provided.According to it, statement can not be taken in open court.If the medical

condition of rape victim is not well or she is unable to speak but expressing through gestures

then understand her gestures and interpret to judge an analyser educator social interpretator

can be taken into proceedings which shall be videographed.

Further in order to ensure speedy trial without delay, and with full dignity and protection,

provisons under CrPC are given.

Under Section 26 A of CrPC, it is provided that such proceedings shall be presided over by a

women.

There shall be no character assassination by enquiring about the sex history of victim or

enquiry into whether the victim is habituated to sex or not.As the Section 53A of Indian

Evidence Act states that evidence of character or previous sexual experience is not relevant in

certain cases.

 In this context, Section 327(2) of CrPC provides that inquiry into and trail of rape shall be

conducted in camera.Provided further that in camera trial shall be conducted as far as

practicable by a women Judge or Megistrate.

If any one wants to access such meeting has to give application to Judge for seeking for the

same but it cannot be approved or granted even by Judge without your (rape victim's) consent.

For ensuring your identity unharmed under Section 327(3) of CrPC it is provided that for the

confidentiality and no publication of proceedings subject to maintaining confidentiality of name and address of the parties.

For ensuring speedy trial under Section 173(1A) of CrPC it is provided that the investigation

shall be completed within two months from the date on which the information was recorded.

Further under Section 309(1) of CrPC it is provided that trail is to be complete in two months from the date of filing of charge sheet. 

For ensuring the same sufficient numbers of special courts shall be established for rape cases

.

The trial program can be made in accordance or under Section 230 of CrPC

Further in case, State of Kerala vs. Rasheed (2019), honourable Supreme Court also listed out

“practice guidelines” to be “followed by trial courts in the conduct of a criminal trial, as far as

possible”. 

There is high security and protection given to rape victims.Police picks and drops the victims

from home to the court and then back to home.For preventing confrontation of victim with the

accused special waiting rooms are established in the courts.

Not only victims but also the witnesses are given full protection from any kind of

threatening.In Mahender Chawla Vs. Union of India (2018) guidelines for the protection of

witnesses and to keep their identity secret, were given.Euch guidelines are given under Witness

Protection Scheme, 2018.According to which the identity of witnesses can be kept secret and

their names in proceedings can be changed.

Conclusion : 

Knowledge is a tool for the public,being aware of rights, to seek justice by knocking the doors

of the court.Justice is something that we only get by stepping by self and for self.Thus, we

must have the knowledge of rights of rape victims so that we can encourage the rape victims to

get justice with dignity and without any harrasment.

Reference : 

1. https://www.tribuneindia.com/news/nation/as-2023-gets-off-to-a-grim-mark-crimes-against-

women-register-increase-by-15-pc-467323

**Author : Bhawna, a student of B.A. LL.B (3rd year) at Punjabi University, Patiala.