One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

A family recently approached me regarding a historical case involving Ms. X, who was a nurse at City A Hospital. In DD/MM/1973, she was brutally assaulted by Mr. Y, a sweeper at the hospital. The incident involved strangulation with a metal chain and forced anal penetration. Ms. X survived but remained in a vegetative state for decades. Surprisingly, Mr. Y was charged only with attempted murder and robbery, not rape. This case highlights a crucial gap that existed in Indian law regarding the definition of rape, which historically was limited to penile-vaginal penetration only. The family wanted to understand why the sexual assault aspect wasn’t legally recognized as rape, and what the current legal position is for such cases.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document all evidence immediately, including medical records and witness statements
• File FIR without delay at the nearest police station
• Seek immediate medical examination and preserve forensic evidence
• Contact victim support services for counseling and legal aid assistance

Applicable Sections of Law

Under the current Bharatiya Nyaya Sanhita (BNS), the definition of rape has been expanded significantly. Section 63 of BNS now includes penetration of vagina, mouth, urethra or anus by penis, or insertion of any object into vagina, urethra or anus. Section 64 covers punishment for rape with imprisonment for not less than 10 years. Section 70 deals with sexual assault other than rape. Additionally, Section 71 of BNS addresses assault or criminal force to woman with intent to outrage her modesty. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural guidelines for investigation and trial of such cases.

If You Are the Complainant

• File FIR immediately at police station without any hesitation or delay
• Insist on female police officer recording statement if victim is female
• Ensure medical examination is conducted by qualified medical practitioner
• Maintain copies of all documents, medical reports, and legal papers
• Engage experienced criminal lawyer specializing in sexual assault cases

If You Are the Victim

• Seek immediate medical attention and preserve physical evidence carefully
• Do not wash, change clothes, or disturb scene until police examination
• Report to trusted family member or friend for emotional support
• Contact counseling services for psychological support and guidance
• Know your rights including right to privacy and in-camera trial proceedings

How the Police Behave in Such Cases

Police are mandated to register FIR immediately without conducting preliminary inquiry. They must arrange medical examination within 24 hours by female doctor if victim is female. Investigation should be conducted by officer not below rank of Sub-Inspector. Police must ensure victim’s identity is protected and provide regular updates on investigation progress. However, sensitivity levels vary, and legal representation helps ensure proper procedures are followed throughout the investigation process.

FAQs People Normally Have

Q: Is forced sodomy now considered rape? Yes, under current BNS Section 63, any penetration including anal penetration constitutes rape.

Q: What was the position under old law? Earlier, IPC Section 375 limited rape to penile-vaginal penetration only, which is why historical cases like Ms. X’s case weren’t charged as rape.

Q: Can male victims file rape cases? Yes, BNS recognizes male victims of sexual assault under various sections including unnatural offenses.

Q: What if victim is unconscious? Consent is irrelevant when victim is unconscious, making it automatically rape under law.

What Evidence Is Required?

• Medical examination report showing signs of sexual assault
• DNA samples and forensic evidence from scene
• Victim’s statement recorded under Section 183 BNSS
• Witness testimonies if any persons saw the incident
• CCTV footage or digital evidence if available
• Torn clothes or physical objects used in assault
• Hospital records and medical treatment documentation

How Long Will the Investigation Take?

Investigation must be completed within 60 days under BNSS provisions. If not completed within this timeframe, reasons must be recorded in writing. Trial should commence within 30 days of filing charge sheet. Fast track courts are designated for such cases to ensure speedy justice. However, actual timelines may vary depending on complexity of case and availability of evidence.

Advocate Sudhir Rao, Supreme Court of India