If you are stuck in such a situation, here is what to do.
A young woman, Ms. Priya, found herself in a deeply distressing situation. She alleged that her former partner, Mr. Rohan, had sexually assaulted her. Seeking justice, she filed a formal complaint with the Alipur City Police. The police initially took down some basic details about the location of the incident and then ceased all communication. No First Information Report (FIR) was registered, and no updates were provided. The lack of action and the emotional trauma of the incident led Ms. Priya to leave Alipur, leaving her uncertain about her legal options, especially since she does not wish to visit the police station in person again.
Advice in such cases
Facing police inaction after reporting a grave offense like sexual assault can be disheartening and confusing. It is crucial to remember that the law is on your side, even if the initial response from law enforcement is not supportive.
Preserve All Evidence: Keep a secure record of any communication, including text messages, emails, call logs, or social media interactions with the accused. If there are any photographs, videos, or other digital proof, ensure they are safely backed up.
Document Everything: Maintain a detailed timeline of events. Note down the date and time you went to the police station, the name and rank of the officer you spoke with (if you remember), and what was said. This record is invaluable.
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
The legal framework in India, particularly under the new criminal laws, provides specific remedies in such situations.
Sexual Assault: The act of sexual assault is primarily covered under Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023. This section details the offense and its punishment.
Mandatory FIR Registration: Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, makes it mandatory for a police officer to register an FIR when they receive information about a cognizable offense. Refusal to do so is a dereliction of duty.
Remedy for Non-Registration of FIR: If the police refuse to register an FIR, Section 173(3) of the BNSS, 2023, allows the aggrieved person to send the substance of the information, in writing and by post, to the Superintendent of Police concerned. If the Superintendent is satisfied that the information discloses a cognizable offense, they shall either investigate the case themselves or direct an investigation by a subordinate police officer.
Approaching the Magistrate: If the police still fail to act, you can file a complaint directly before the Judicial Magistrate having jurisdiction under Section 210 of the BNSS, 2023. The Magistrate can take cognizance of the offense and order the police to register an FIR and investigate.
If you are the complainant
As the person who has initiated the complaint, you have specific steps you can take to move the process forward.
Formal Written Follow-up: Send a formal letter or email to the police station, referencing your initial complaint and requesting an update on the status of your FIR.
Escalate to Senior Officers: As provided under Section 173(3) of the BNSS, if the local police station is unresponsive, send a written complaint via registered post to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of the district. This is a formal and effective escalation.
File a Private Complaint: Your lawyer can help you file a complaint directly with the local Magistrate, bypassing the police entirely. The court has the power to order an investigation.
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 and access to justice are paramount. Here are actions focused on your rights and needs as a victim.
Understand Zero FIR: You have the right to file a “Zero FIR” at any police station, irrespective of where the crime occurred. That police station is legally bound to register the FIR and transfer it to the appropriate station. You do not have to be in the city where the incident happened to start the legal process.
Medical Examination: A medical examination is crucial evidence in sexual assault cases. Even if time has passed, it is important to consult a doctor. The report can substantiate your claims.
Right to Privacy: The law protects your identity. Your name and personal details cannot be disclosed to the public or media during the investigation and trial.
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
Unfortunately, victims of sexual violence sometimes face apathy or improper conduct from the police. Common behaviors include unnecessary delays in filing the FIR, attempting to broker a “compromise” between the victim and the accused, asking inappropriate questions about the victim’s character or past, or showing a general lack of sensitivity. It is vital to know that such behavior is unprofessional and often illegal. An officer’s refusal to file an FIR in a cognizable case is punishable under law. You have the right to be treated with dignity and respect throughout the legal process.
FAQs people normally have
What if I have left the city where the incident happened?
You can file a Zero FIR at the nearest police station in your current city. They will record your statement and transfer the case to the police station that has jurisdiction over the location of the crime.
Can I file a complaint without going to the police station?
Yes, you can send a written complaint to the Superintendent of Police by registered post. Additionally, many states have online portals for filing complaints, although these are often for initial reporting, and a formal statement may still be required. A lawyer can guide you on the most effective remote filing options.
What if the police pressure me to withdraw the case or compromise?
You should never agree to a compromise. Sexual assault is a non-compoundable offense, meaning it cannot be legally settled between the parties. Report any such pressure from the police to their senior officers or the Magistrate.
What evidence is required?
The strength of a case often depends on the evidence presented. Key pieces of evidence include:
Your Testimony: Your detailed, consistent account of the incident is a primary piece of evidence.
Digital Evidence: Any electronic communication with the accused, such as text messages, chats, emails, or call records, that can establish your relationship and the events leading up to or after the assault.
Medical Evidence: The report from a medical examination can provide crucial corroborative evidence of assault.
Witnesses: Testimony from anyone who might have seen you with the accused before or after the incident, or anyone you confided in immediately after the assault.
Circumstantial Evidence: Any evidence that supports the context of your complaint, such as CCTV footage from nearby locations, can be helpful.
How long will the investigation take?
The law now prescribes specific timelines to ensure speedy justice in cases of sexual offenses. According to Section 193(3) of the BNSS, 2023, the investigation into an offense of sexual assault under Section 64 of the BNS must be completed within two months from the date the FIR is registered. This legal mandate is designed to prevent indefinite delays and ensure the case moves forward efficiently.
Advocate Sudhir Rao, Supreme Court of India