Rape is one of the worst and most heinous offenses that occur in our society. The term "rape" as per the dictionary means a violation or attack of a girl against her will. In India, rape is recognized as a cognizable offense, and there are several legal provisions to address it. Section 375 of the Indian Penal Code (IPC) legally explains and defines the penalty for rape. According to this section, any man committing sexual intercourse or penetrating a girl without her consent commits rape. The definition of penetration is broad, including even the slightest touch of the penis to the vagina.
According to the UN Crime Trends Survey 2010, the U.S. recorded 85,593 cases of rape, followed by Brazil with 41,180 rape cases. In India, 22,172 rape cases were registered in 2010. By 2018, the National Crime Records Bureau reported around 94,000 rape cases, indicating that one rape occurred every 15 minutes in India, with a conviction rate of 27% and 54% of cases remaining unrecorded.
Zero FIR allows an FIR to be registered regardless of the location where the crime occurred. The police cannot refuse to register the FIR due to lack of jurisdiction. This concept was introduced following the Justice Verma Committee report after the Nirbhaya Rape Case.
In Kirti Vashist vs State and Ors, the Delhi High Court held that a victim has the right to file an FIR in any police station, even beyond the jurisdiction, and it must be registered without inquiry and delay. Similarly, in Lalita Kumari vs. State of U.P. and Ors, the Supreme Court mandated the registration of an FIR under Section 154 of the Code of Criminal Procedure, without preliminary inquiry, and stressed the duty of the police to register the FIR.
Section 357C of the Code of Criminal Procedure mandates that all hospitals, public or private, provide free medical treatment to rape victims. Section 166B of the IPC states that hospitals seeking fees for treating rape victims face punishment with imprisonment up to one year or a fine or both.
The Supreme Court has ruled that the two-finger test violates the right to privacy of a rape victim. Section 164A of the Cr.P.C. requires that medical examinations be conducted by a registered medical practitioner with the victim's consent. The report must be detailed and forwarded to the investigating officer.
In Lillu alias Rajesh vs State of Haryana, the Supreme Court ruled that the two-finger test infringes on the right to privacy and dignity of a rape victim and is illegal.
Section 154 (1) of Cr.P.C. requires that the information of the rape victim be recorded by a woman police officer in a comfortable setting. The statement must be recorded in the presence of her parents or guardian and submitted to the Magistrate as per Section 164 (5-A) of the Cr.P.C.
Section 26(a) of Cr.P.C. stipulates that the trial be conducted by a woman judge when possible, and irrelevant questions about the victim's past sexual history are prohibited. Section 327(3) of Cr.P.C. restricts the publication of trial proceedings without court permission. The investigation must be completed within two months, and the trial should also be concluded within two months from the charge sheet filing.
In Mahender Chawla vs Union of India, the Supreme Court provided guidelines for witness protection, allowing witnesses to conceal their identity if necessary.
The Central Victim Compensation Fund (CVCF) Scheme supports rape victims, with 24 states and 7 UTs recognizing the Victim Compensation Scheme. Section 357A of Cr.P.C. mandates state governments to prepare a compensation scheme for victims. In Nipun Saxena v. Union of India, the National Legal Service Authority introduced the Compensation Scheme. In Serina Mondal Alias Piyada v. The State of West Bengal, compensation was awarded to the victim due to the state's failure to protect her fundamental rights.
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