If you are stuck in such a situation, here is what to do.

A young woman named Ms. Anjali reported that she was sexually assaulted by her ex-partner, Mr. Sameer. She filed a formal complaint with the police in the city of Aloknagar. The police at the local station initially asked for the building address and other basic details but subsequently ceased all communication, leaving her without any updates or information on the status of her complaint. Deeply distressed by the incident and the lack of police response, Ms. Anjali left Aloknagar and is hesitant to return to pursue the matter at the police station. She is seeking guidance on the legal options available to her to ensure action is taken on her complaint.

Advice in such cases

Facing such a situation can be incredibly overwhelming. It is important to remember that the law is on your side, even if the initial response from law enforcement is discouraging.

• Preserve all evidence you might have, including text messages, emails, call records, or any photographs related to the incident or the accused.
• Document everything. Keep a written record of your interactions with the police, including the date and time of your visit, the name and rank of the officer you spoke with, and what was said.
• Do not be disheartened by police inaction. This is unfortunately a common hurdle, but there are specific legal procedures to overcome it.
• 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 of 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.

Applicable Sections of Law

It’s crucial to be aware of the specific laws that protect you. Under the new legal framework in India:

• Sexual Assault (Rape): The offense is primarily defined under Section 63 of the Bharatiya Nyaya Sanhita, 2023 (BNS). This section outlines the various circumstances that constitute the crime of rape.
• Mandatory FIR Registration: Section 182(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) makes it compulsory for a police officer to register a First Information Report (FIR) when they receive information about a cognizable offense. Refusal to do so is a punishable offense for the officer.
• Special Provisions for Women: Section 182(1) of the BNSS has a proviso that if the information is given by a woman against whom an offense under sections like Section 63 BNS is alleged to have been committed, then her statement must be recorded by a woman police officer.
• Approaching a Senior Officer: If the local police refuse to file an FIR, Section 182(3) of the BNSS allows you to send the substance of your complaint in writing and by post to the Superintendent of Police (SP) or a corresponding senior officer. If the SP is satisfied that a cognizable offense is disclosed, they will either investigate the case themselves or direct a subordinate officer to do so.
• Approaching the Magistrate: If the police still fail to act, you have the right to file a private complaint directly before the Judicial Magistrate having jurisdiction under Section 175(3) of the BNSS. The Magistrate can take cognizance of the offense and order the police to register an FIR and investigate the matter.

If you are the complainant

As the person filing the complaint, your role is to set the legal process in motion. Your actions are critical in ensuring the case proceeds correctly.

• Your first step is to provide a detailed written complaint. If the police refuse to accept it, you should immediately proceed to the next level of authority.
• Send a formal written complaint via Registered Post with Acknowledgment Due (RPAD) to the Superintendent of Police (SP) or Commissioner of Police of the district/city. This creates an official record of your attempt to file the complaint.
• If there is no response from the SP’s office within a reasonable time (e.g., 15 days), your next step is to approach the court.
• 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 of 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.

If you are the victim

Your well-being is the top priority. The trauma of the assault, compounded by police apathy, is immense. It is vital to take steps to protect yourself both legally and emotionally.

• Your testimony is the most crucial piece of evidence. Write down the sequence of events as clearly as you can remember while it is fresh in your mind.
• You have the right to have your statement recorded by a woman police officer, in a safe and private place, and not at the police station if you are not comfortable.
• You have the right to a “Zero FIR,” which means any police station, irrespective of jurisdiction, is bound to register your complaint and transfer it to the appropriate station. You do not need to be in the city where the incident occurred to initiate the process.
• 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 of 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.

How the police behave in such cases

It is an unfortunate reality that police may sometimes be uncooperative. Common behaviors include:

• Delay Tactics: Claiming they are busy, asking you to come back later, or making you wait for hours.
• Discouragement: Trying to persuade you not to file a complaint, suggesting “mediation” or “compromise,” or questioning the credibility of your account.
• Jurisdictional Issues: Incorrectly claiming that the crime occurred outside their area of authority to avoid registering an FIR. The concept of Zero FIR legally counters this.
• Inaction: As in the described case, they may take a preliminary complaint but never formally register an FIR or begin an investigation.

This behavior is illegal and constitutes a dereliction of duty. The law provides remedies specifically to counter such police inaction.

FAQs people normally have

Here are answers to some common questions in such scenarios:

• Do I have to be physically present in the city of the crime to file an FIR?
  No. You can file a Zero FIR at any police station in the country. They are legally obligated to register it and transfer the case to the police station with the correct jurisdiction.
• Is there a time limit for reporting sexual assault?
  No, there is no statute of limitations for filing an FIR for a serious offense like sexual assault. The Supreme Court has repeatedly held that a delay in reporting cannot be a reason to refuse to register an FIR or to dismiss a case.
• What if I don’t have physical or medical evidence?
  While medical and forensic evidence is helpful, it is not mandatory. The sole testimony of the victim, if found to be credible and trustworthy by the court, is sufficient to convict the accused.

What evidence is required?

The prosecution will build its case based on all available evidence. Key pieces include:

• The Victim’s Testimony: This is the most critical piece of evidence in a sexual assault case.
• Medical Evidence: The report from a medical examination of the victim can corroborate the use of force and the occurrence of sexual intercourse.
• Digital Evidence: Call data records, WhatsApp chats, emails, social media posts, and location data can help establish the relationship between the victim and the accused and the sequence of events.
• Witnesses: Statements from any person who might have seen the victim and accused together, heard something, or to whom the victim confided after the incident.
• Forensic Evidence: Any scientific evidence collected from the scene of the crime or from the victim’s clothes.

How long will the investigation take?

The law now prescribes a timeline to ensure speedy justice in cases of crimes against women. As per Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the investigation in relation to an offense of rape (Section 63 BNS) shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.

Advocate Sudhir Rao, Supreme Court of India