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.
Rohan Gupta, a 28-year-old software professional from Pune's Kothrud neighbourhood, came to us in late February 2025, deeply troubled. His close friend — a young woman working at a Wipro facility in Hinjewadi — had been sexually assaulted by a colleague. This colleague, as Rohan had pieced together through conversations, photographs, and chat records, had done this before. At least twice. The pattern was clear and the evidence substantial.
The survivor refused to file a complaint. Her family was conservative, rooted in a small town near Nagpur, and she was terrified of what exposure would do to her. Rohan respected her fear. But he couldn't stay silent while this man remained free and predatory. He'd approached a general civil and property lawyer initially, who told him the matter was "complicated" and nothing could be done without the victim's direct consent. That answer felt wrong to Rohan. And it was wrong.
When he brought the matter to Advocate Sudhir Rao, the approach shifted entirely. The focus moved to what a third party can lawfully do under the Bharatiya Nagarik Suraksha Sanhita, 2023, and how the court's power to protect the survivor's identity under Section 73 of the Bharatiya Nyaya Sanhita, 2023, could be invoked proactively. A complaint was structured carefully, with the survivor's identity shielded within legal permissible limits, and the matter was placed before the appropriate authority. The accused is now under active investigation. Rohan's instinct was right. The law, applied with precision, gave him a path forward.
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.
Preserve all digital evidence immediately. Screenshots of chats, photographs, call logs, and any other documentation must be backed up on a secure cloud platform before approaching anyone. Don't share originals carelessly — they can be challenged on authenticity grounds if mishandled.
Do not confront the accused. Seems natural, I know. You want to warn others, maybe get in his face. But that alerts him, triggers evidence destruction, and legally complicates your own position. Stay quiet and let your advocate lead.
Understand that this category of matter requires domain-specific experience. Sexual offence cases, particularly those involving third-party complaints and survivor identity protection, carry procedural and evidentiary dimensions that general practitioners may not be familiar with. Engaging an advocate who regularly handles criminal matters of this nature typically results in a more structured, faster, and better-outcome approach.
Applicable Sections of Law
- Section 64 BNS (Bharatiya Nyaya Sanhita, 2023): Punishes rape, defining the offence and prescribing punishment. Equivalent to Section 376 of the earlier code.
- Section 70 BNS: Addresses gang rape, applicable where the offence was committed by more than one person.
- Section 73 BNS: Prohibits disclosure of the identity of the victim of certain offences including rape, making it a punishable act to publish or reveal the victim's name without authorisation.
- Section 175(3) BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023): Allows a Magistrate to direct police to investigate upon receipt of a complaint, even where the police have refused to register an FIR.
- Section 173(4) BNSS: Enables a complainant to approach the Superintendent of Police if the officer-in-charge refuses to register an FIR.
Punishment and Penalties
- Section 64 BNS — Rape: Minimum 10 years' rigorous imprisonment, extendable to life imprisonment. Fine is also imposable.
- Aggravated rape (Section 64(2) BNS): Minimum 10 years, may extend to imprisonment for life (remainder of natural life), plus fine.
- Gang rape (Section 70 BNS): Minimum 20 years' rigorous imprisonment, may extend to life imprisonment (remainder of natural life) or death penalty. Fine is mandatory and must be just and reasonable to meet medical expenses of the victim.
- Nature of offence: Cognizable, non-bailable, non-compoundable. Triable by Court of Session.
Jurisdiction — Where to File the Case
Get this right from day one. For offences under Section 64 BNS, the FIR must be registered at the police station within whose territorial limits the offence occurred — in this case, the station covering the area where the assault took place in Pune. The trial is exclusively before the Court of Session (Sessions Court), as rape is a sessions-triable offence. Under the proviso to Section 70 BNS (gang rape), special fast-track courts are designated in several states. An FIR filed at the wrong station can delay the entire process and hand the defence early procedural grounds to exploit — and frankly, that's an avoidable mistake if you've got experienced counsel from the start.
What if Police Refuse to File FIR?
This is one of the most common obstacles in sexual assault complaints, particularly those filed by a third party. Here's what you can do, step by step:
- Submit a written complaint to the officer-in-charge and ask for written acknowledgment.
- Approach the Superintendent of Police under Section 173(4) BNSS with a written complaint, attaching all available evidence.
- File a private complaint before the concerned Judicial Magistrate under Section 175(3) BNSS, who can direct the police to investigate and register.
- As a last resort, approach the High Court under Article 226 of the Constitution for a writ of mandamus compelling FIR registration — particularly effective once you have documentation of prior refusal.
And here's the thing — courts have been clear on this. In Lalita Kumari v. Government of Uttar Pradesh, 2014, the Supreme Court held that registration of FIR is mandatory upon receipt of information disclosing a cognizable offence. The police have no discretion to refuse.
Rights of the Accused
Even in cases involving serious sexual offences, the accused retains certain constitutional rights that must be observed:
- Right against self-incrimination under Article 20(3) of the Constitution — the accused cannot be compelled to be a witness against himself.
- Right to legal representation under Article 22 — the accused is entitled to engage an advocate of his choice.
- Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) read with Section 58 BNSS.
- Right to know the grounds of arrest immediately upon being taken into custody — Section 47 BNSS.
- Right to a copy of the FIR — accessible under Section 154(2) BNSS and affirmed in Youth Bar Association of India v. Union of India, 2016.
Bail Provisions
Rape under Section 64 BNS is a non-bailable offence. Regular bail may be sought under Section 480 BNSS before the Sessions Court, with the judge exercising discretion based on gravity, criminal antecedents, and flight risk. Anticipatory bail under Section 482 BNSS is available before arrest, though courts are genuinely cautious about granting it for serious sexual offences. Now, before you assume anticipatory bail is off the table entirely — in Sushila Aggarwal v. State (NCT of Delhi), 2020, the Supreme Court clarified that anticipatory bail can be of indefinite duration but must account for the seriousness of the allegation. Typical bail conditions in such matters include surrender of passport, reporting to the station periodically, and a prohibition on contacting the survivor.
Quashing of FIR / Case
The accused may approach the High Court under Section 528 BNSS (inherent powers, equivalent to Section 482 CrPC) seeking quashing of the FIR. Grounds typically raised include: no prima facie offence disclosed, abuse of process of the court, or that the complaint is motivated by personal enmity. But the Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the limited circumstances in which quashing is appropriate. Rape complaints — particularly where there is supporting digital evidence and a pattern of conduct — are rarely quashed. The stronger the documentary evidence preserved by the complainant, the weaker the grounds for quashing become.
If You Are the Victim
If you're the survivor reading this, here is what matters most right now:
- You are not obligated to file a complaint immediately — but know that the law gives you the right to do so at any time, and your identity is protected by Section 73 BNS from public disclosure.
- Seek medical attention as soon as possible. Medical evidence, even if gathered with a delay, can still hold evidentiary value depending on the circumstances.
- Document everything you remember — dates, times, what was said, what happened, in writing, for your own records, even if you share it with no one initially.
- You can authorise a trusted person (like Rohan in the case above) to make a complaint on your behalf without your name appearing prominently in public records.
- Speak to an advocate in confidence before making any decisions. That conversation is protected and cannot be disclosed.
Documents You Must Keep Ready
- Aadhaar card or any valid government-issued photo identity of the complainant
- Screenshots and screen recordings of WhatsApp, Instagram, or other messaging conversations with timestamps intact
- Photographs or videos constituting evidence, stored with metadata preserved
- Call detail records or call logs (can be formally requisitioned by police after FIR)
- Names and contact details of any witnesses who have direct or indirect knowledge
- Any previous complaints, emails, or communications relating to the accused's past conduct
- Medical records of the survivor, if any medical consultation has already taken place
What Evidence Is Required?
- Digital communications: Chat logs, emails, and voice messages are primary electronic evidence admissible under the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
- Witness testimony: Friends, colleagues, or anyone aware of the accused's conduct or pattern of behaviour.
- Medical examination report: Conducted at a government hospital under Section 184 BNSS — this is primary forensic evidence in rape cases.
- Circumstantial evidence: Location data, hotel records, CCTV footage from the relevant premises, access card logs at workplaces.
- Prior conduct evidence: Evidence of similar acts by the accused in the past, which courts may consider under Section 20 BSA to establish pattern and intent.
- Survivor's statement recorded under Section 183 BNSS: In rape cases, this must be recorded by a female officer and ideally in the presence of a woman Magistrate.
How the Police Behave in Such Cases
Make no mistake — police response in sexual assault cases, especially third-party complaints without the survivor's direct participation, can be slow, dismissive, or procedurally obstructive. Officers sometimes question whether a third party has "locus" to complain. That's legally incorrect, but it happens more often than it should. They may also attempt informal mediation or discourage formal registration outright. In cases involving educated, employed survivors and accused persons with social standing, there's often additional institutional friction. Documenting every interaction with the police in writing — every visit, every verbal refusal, every name and badge number — becomes essential groundwork for escalation under Section 173(4) BNSS or before the Magistrate.
Timeline of Legal Process
- FIR registration: Immediate, or escalated within 1–2 weeks if refused initially
- Police investigation: 60–90 days (Section 193 BNSS mandates chargesheet within 60 days for offences punishable with imprisonment up to 10 years; 90 days for more serious offences)
- Chargesheet filing (Section 193 BNSS): Within the statutory period; default bail risk if missed
- Cognizance by Sessions Court: Within 4–8 weeks of chargesheet
- Framing of charges: 2–6 months post-cognizance
- Trial (examination of witnesses, cross-examination): 1–3 years depending on number of witnesses and court load
- Judgment: After completion of arguments, typically within 6–12 months of trial conclusion
- Appeal to High Court: Available to either side; may take 2–5 years
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.