Monday, 7 February 2022

important rights of rape victims:

important rights of rape victims:

Right to a zero-tolerance approach to FIR

It means that a person can register a FIR at any police station, regardless of where the incident occurred or where the jurisdiction is located. The identical FIR will be moved subsequently to the police station that has jurisdiction in order for the investigation to commence in that location. Consider the following scenario: a girl was raped by someone in Haryana, and she didn't tell anybody about it until she arrived in Mumbai. Currently, if she want to make a police report against the rapist, she may do so by going to any police station in Mumbai and submitting a police report against that individual. The Mumbai police will transmit the identical FIR to the Haryana police, who will then investigate it. This is referred to as Zero FIR. Following the Nirbhaya Case, the notion of Zero FIR became official. In its report conclusions, the Committee of Justice Verma developed the notion of "Zero FIR" (zero criminal investigation). The Ministry of Home Affairs had also issued an Advisory Circular on Zero FIR on May 10, 2013, which was issued by the Department of Home Affairs.


Many rights have been granted to rape victims since the Nirbhaya gang-rape, including dignity, privacy, protection, a swift trial, compensation, and restitution for their suffering. Additionally, in the case of Kirti Vashist versus State and Others, the Delhi High Court held unequivocally that a victim can register a FIR at any police station, regardless of where the crime took place. The police officer is responsible for registering the FIR as soon as possible and conducting an investigation.


Another case, Lalita Kumari vs. Government of Uttar Pradesh, established that a person can file a FIR under Section 154 of the Code of Criminal Procedure, 1973, and that if a police officer refuses to file a FIR, he may face consequences under Section 166A of the Indian Penal Code, which states that if a public servant fails to record any information under Sub-Section (1) of Section 154 of the Code of Criminal Procedure, 1973, he will be punished with


Medical care is provided at no cost at any private hospital.

Section 357C of the Code of Criminal Procedure states that neither private or government hospital may collect fees for the care of rape victims. All hospitals, whether private or public, are required to offer free first assistance to all victims who are brought into their care. If any of the hospitals charge a fee for the treatment of rape victims, they will be penalised under Section 166B of the Indian Penal Code (non-treatment of the victim) for up to one year and will also be responsible for a fine or both of the punishments mentioned above.


During the medical checkup, there will be no two-finger test.

No clinician shall be permitted to do two-finger tests during the course of a medical examination or procedure. In accordance with Section 164A of the Code of Criminal Procedure, this provision specifies how the report will be prepared and what information will be included in the report's body. In the case of Lillu Alias Rajesh and Another against State of Haryana[4], the Supreme Court itself backed this decision, saying that the two-finger test and its interpretation violate the rights of rape survivors to privacy, mental integrity, and dignity. As a result, it is prohibited.


The doctor's main responsibility is to determine whether or not there is any harm to the private regions.. Is it true that the rape was perpetrated in the presence of the victim? Is there any recent sexual activity that has occurred, or has there been none? No doctor has the authority to inquire about the victim's previous criminal behaviour. It is important to keep this in mind.


The Ministry of Health established a guideline, according to which a medico-kit has been distributed at every hospital for the purpose of collecting DNA samples for forensic analysis.


In addition, the report must include the following information:

Name and mailing address

Description of the material used in the DNA testing, including its age

Injuries have left their marks (if any)

Condition of One's Mind in General

Other plausible sources of information (if any)


A male doctor is going to do the medical examination, and he must obtain the patient's agreement before proceeding. In addition, he must specify what items he will utilise throughout the inspection and what approach he intends to follow. However, he is not allowed to do the two-finger test because else he will be charged with rape under Section 375 of the Indian Penal Code[5] for introducing an item in a private area of his body. The Chhattisgarh State Government has announced unequivocally that only female physicians will assess rape victims in the state.


An inquiry by the police that is devoid of harassment and limited in duration

Section 154 (1) of the Criminal Procedure Code (CrPC) requires that the statement be recorded by a woman police officer or any other official. The officer will arrive at the time that you have specified or at a time that is convenient for you. And they will arrange for the location to be as convenient as possible for you. The lady officer will take down the victim's statement in the presence of the victim's parents or guardians. According to Section 164, the statement must be recorded by a magistrate (5-A). The victim will be taken to court by the lady police officer, and her statement will be recorded in the chamber of the Magistrate's office. To determine whether or not the statement taken down by the police is accurate, it is necessary to repeat the process.


If a rape victim is unable to explain the incident because he or she is dumb or mentally challenged, an Analyzer Educator Social Interpretation will be there at that time to interpret the indications.


The primary reason for doing so is to relieve the victim of the need to recount the occurrence in the trial court; the statement provided by the victim to the magistrate will be considered definitive, and the victim's right to privacy will not be violated.


Trial conducted with complete dignity, expediency, and protection

Section 26 of the Criminal Procedure Code specifies that the trial must be as convenient as possible for the court presided over by a woman. Furthermore, no inquiry should be posed to the victim that is intended to destroy her character. Any issue referring to prior sex history is irrelevant under Section 53A of the Indian Evidence Act, according to the Indian Evidence Act.


According to Section 327(2) of the Criminal Procedure Code, the investigation and trial of rape shall be conducted in camera.


According to Section 327(3) of the Criminal Procedure Code, the statement made by the victim to the magistrate is secret.


According to Section 173(1A) of the Criminal Procedure Code, an investigation must be completed within two months of the date on which the information was recorded or received. When it came to the matter of State of Kerela vs. Rasheed, the Supreme Court directed that the trial be completed within two months of the day on which the information was obtained by the courts. In accordance with Section 309(1) of the Code of Criminal Procedure, a sufficient number of courts have been established only for the purpose of hearing rape cases. Furthermore, the court has ordered that a trial programme be developed specifically for rape cases under Section 230 of the Criminal Procedure Code.


It is the court's responsibility to ensure that the victim and the witness are not threatened by any third party. Additionally, it is the obligation of the police to pick up the victim from her residence and return her to her residence after the trial. In order to avoid a confrontation with the rapist, special waiting rooms have been created in the courtroom where the victim and the witness will wait.


A detailed guideline was laid down by the Supreme Court in the case of Mahender Chawla vs Union of India[8], which stated that if a witness does not wish to reveal his or her name or identity in court, he or she must file an application with the court, after which, the court will introduce the person under a different name and the original identity will be kept confidential. [9]


Compensation is a legal right.

A new provision, Section 357A of the Code of Criminal Procedure, has been added to the Code of Criminal Procedure to outline the victim compensation mechanism. The Supreme Court of India, in the case of Nipun Saxena versus Union of India[9], established this provision for creating a programme for compensation. The National Legal Services Authority developed the guidelines for the compensation plan for female victims with this in mind.


The final plan was submitted at the Supreme Court on May 11, 2018, and the scheme was adopted by the Court, which ordered that the programme be implemented in all states and union territories. According to this policy, the sufferer would be compensated with a minimum of 4 lakh rupees and a maximum of up to 7 lakh rupees, depending on the severity of the injury. If the court determines that the sum supplied as compensation to the victim is insufficient, the court may enhance the amount awarded in accordance with the circumstances of the case.


In the case of Serina Mondal Alias Piyada vs. State of West Bengal, the Calcutta High Court held that The compensation given by Section 357A to the State of West Bengal and Others is intended to defend a person's fundamental right to life, liberty, and property. The Supreme Court also stated in the case of Manohar Singh vs State of Rajasthan and Others that compensation can be awarded even if a crime is not prosecuted due to a lack of sufficient evidence in the case at hand.

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