We live in a country where we worship women as goddesses by day and violate them by night. Rape is one of the most heinous crimes, yet India continues to struggle with its prevalence. Shockingly, our country ranks third globally after the United States and Brazil in reported rape cases. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 (nearly 89%) of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%. According to Delhi Police data from 2019–2020 as mentioned on Wikipedia, 44% of rape victims identified the accused as a relative or family member.
These numbers reflect not just the magnitude of the problem but also the urgent need for survivors to be fully aware of their legal rights. In recent years, there has been a constant legislative push to strengthen protections and justice mechanisms for rape survivors. But legal empowerment starts with awareness. Survivors often face immense societal pressure, stigma, and institutional indifference. Knowing one’s rights becomes the first step toward justice and healing in a system that is often stacked against them.
Here's a list of 10 crucial legal rights that every rape survivor in India must know:
1. Right to Zero FIR
Victims can register an FIR at any police station irrespective of whether the crime took place in another state or region. It is referred to as a Zero FIR, which is then transferred to the respective jurisdiction.
Made after the Nirbhaya rape case and suggested by the Justice Verma Committee, this safeguard makes immediate legal assistance available. Official guidelines were released by the Ministry of Home Affairs in 2013 that made their implementation mandatory.
Courts have reinforced this right—The Delhi High Court in Kirti Vashisht vs State and The Supreme Court in Lalita Kumari vs State of U.P. also held that police must register FIRs without delay. Officers who refuse can be imprisoned under Section 166A IPC.
2. Right to Privacy While Recording Statement
Under Section 164 of the CrPC(Criminal Procedure Code), a rape survivor has the right to record her statement privately either before a district magistrate or with only a female police officer and constable present. This must be done in a safe, non-crowded place where her words can’t be overheard.
Law enforcement is duty-bound to protect her privacy and comfort, ensuring she isn't under stress while sharing her experience.
3. Right to Free Medical Treatment
Under Section 357C of the CrPC, every rape survivor is entitled to free medical care whether in a government or private hospital. Hospitals must immediately provide first aid and treatment without charging any fees.
If any hospital refuses or demands payment, it can face punishment under Section 166B of the IPC, which includes up to 1 year of imprisonment, a fine, or both.
4. Time Delay Cannot Deny FIR
The police cannot refuse to file an FIR just because the rape or molestation was reported late. The Supreme Court recognizes that survivors may be in shock, fear for their safety, or worry about their family's dignity, which can cause delays.
5. Ban on Two-Finger Test During Medical Examination
Doctors are not legally allowed to conduct the two-finger test on rape survivors. As per Section 164A of the Criminal Procedure Code, only relevant medical facts are to be recorded, such as signs of injury, confirmation of recent sexual activity, and any evidence related to the assault. A survivor’s past sexual history is completely irrelevant and must not be assessed.
In the landmark case of Lillu Alias Rajesh vs State of Haryana, the Supreme Court ruled that this test violates a woman's right to privacy, dignity, and mental integrity, making it unconstitutional.
The Ministry of Health has issued official guidelines prohibiting this test. Every hospital is required to use a medico-legal kit to collect DNA samples for forensic testing.
The medical report must include:
Survivor’s name and address
Age
Materials collected for DNA analysis
Any injury marks
Mental condition
Other relevant findings
If a male doctor performs the exam, informed consent is mandatory, along with an explanation of the process. However, conducting a two-finger test can lead to charges under Section 375 IPC, which defines penetration by objects as rape. States like Chhattisgarh have even mandated that only female doctors examine rape survivors.
6. Trial with Dignity, Speed, and Protection
To ensure that rape survivors receive justice with full respect and sensitivity, several legal provisions have been put in place.
Section 26 of the CrPC suggests that rape cases should preferably be heard by a woman judge, and no questions that defame the character of the victim should be asked. Section 53A of the Indian Evidence Act also states that a survivor's sexual history is immaterial in a court of law.
Section 327(2) of CrPC requires all trials for rape to be held in-camera (in private), and according to Section 327(3), the victim's statement before the magistrate should remain confidential.
Section 173(1A) of CrPC is such that the police inquiry shall be concluded within two months from the date of the FIR. In the case of State of Kerala vs. Rasheed, the Supreme Court also commanded rape trials to be completed within two months of filing the charge sheet.
Special courts under Section 309(1) of CrPC have been established solely for conducting rape trials, and Section 230 directs courts to prepare a trial calendar for speedy disposal of such cases.
For the protection and dignity of the survivor and witnesses, courts must:
Offer protection from threats or intimidation
Arrange a police escort to and from court hearings
Ensure separate waiting rooms to prevent face-to-face contact with the accused
In the case of Mahender Chawla vs Union of India, it was held by the Supreme Court that if a witness wishes to remain anonymous, the court can be asked to hide their actual identity, and their identity will be replaced with a False identity in proceedings for their protection.
7. Right to Compensation
Under Section 357A of the CrPC, rape survivors are entitled to compensation through the Victim Compensation Scheme. The Supreme Court in Nipun Saxena vs Union of India mandated the National Legal Services Authority (NALSA) to frame the scheme, which was finalized on May 11, 2018.
All states and union territories must implement it. As per the scheme:
₹4–7 lakh is awarded as compensation.
Courts can increase this based on the case specifics.
In Serina Mondal vs State of West Bengal, the Calcutta High Court held that this compensation protects a survivor’s fundamental rights. In Manohar Singh vs State of Rajasthan, the Supreme Court stated that compensation can be granted even if the accused is acquitted due to lack of evidence.
Key factors for higher compensation:
Physical/mental trauma
Pregnancy or disease (e.g., HIV)
Loss of education or job
Disability or poor financial condition
Death (amount goes to legal heirs)
Free legal aid is available through the Legal Services Authorities.
8. ‘The Doctor Can’t Decide’
A rape case cannot be dismissed solely based on a doctor’s opinion stating that rape did not occur. As per Section 164A of the Criminal Procedure Code, a medical examination of the victim is mandatory, and the medical report serves only as evidence, not as a final verdict.
Importantly, rape is a legal offence, not a medical diagnosis. A medical officer is only expected to report whether there is evidence of recent sexual activity or physical injuries, not to conclude if rape occurred. The legal determination of rape is solely under the jurisdiction of the court.
Additionally, every woman has the right to receive a copy of her medical report, reinforcing transparency and legal access.
9. Rape survivor can't be called to the police station
Under Section 160 of the Criminal Procedure Code, women cannot be called to the police station for interrogation. This provision ensures that a woman has the legal right not to appear physically at a police station for questioning.
Instead, the police must interrogate her at her residence, and it must be done in the presence of a woman constable and preferably a family member or friend.
10. Right to Be Forgotten
Media organisations are strictly prohibited from publishing or broadcasting any personal details of a rape or sexual assault victim, including her name, identity, photo, or address. This protection ensures the victim's privacy and dignity are preserved throughout and after the legal process.
Rape is a serious and cruel crime that can affect a person’s whole life. Many survivors stay silent out of fear of being judged or blamed by society. But the truth is, protecting oneself and taking action is always better than staying quiet. A survivor's life and dignity are more important than anyone else’s opinion. Even if no one offers support, it is essential for them to stand up for themselves.
This article shows that the Indian government has made many strong laws to support rape survivors, from the right to file a complaint at any time, to free medical assistance, privacy, compensation, and fast-track trials. But just making laws is not enough. There is also a need for a shift in mindset — people must support one another and take collective responsibility.
Making our country safe is not just the government’s job; it is everyone’s duty. Each person must contribute to building a society where girls and women can live without fear. Only then can we truly move towards a better and safer future for all.