What is the rights of a rape survivor at police station ? | Forum

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LetsHelpIndia
LetsHelpIndia May 13 '14, 03:04



At a police station, a survivor of rape has the right to:


File a police complaint or First Information Report (FIR) without having to go through the medical examination for collecting forensic evidence first.


Have the FIR recorded by a woman police officer or in the presence of a woman constable (Section 154(1), CrPC). The police cannot refuse a survivor this right or demand proof of rape from the results of a medical examination.


Record the FIR orally and have a police officer convert it into writing and read it out to her (Section 154(1), CrPC).


Record the FIR at her residence or any other place of her choice (Section 154(1)(a), CrPC).


Request the presence of a trusted person or the absence of someone who makes her uncomfortable while filing the FIR (Section 157(1), CrPC).


Obtain a copy of the FIR and the charge sheet (which contains all details of the case) free of charge (Section 154(2), CrPC).


Ask for police protection in case of threat or intimidation from the accused or his family.


Be informed by the police about how she can access free legal aid through the Legal Aid Authority in her state. (Delhi Domestic Working Women's Forum Vs. Union Of India And Others, 1994).


If a survivor's rights are violated at a police station

Under Indian law, if a public servant such as a police officer fails to record information about a crime, he or she can be imprisoned for a period of 6 months to 2 years, or fined (Section 166(a), IPC).

In case of ill treatment by a police officer, a survivor of sexual assault can:
Report any misbehaviour to the District Superintendent of Police (Section 154(3), CrPC).File a complaint with the Superintendent of Police if any police officer refuses to file an FIR or misbehaves (Section 154(3), CrPC).


Seek help from the State Human Rights Commission or the State Women’s Commission. For the contact information of the State Human Rights Commissions, click here.

* In consultation with Aparna Bhat, lawyer, Supreme Court of India. Bhat conceived and helped start 'Rape Crisis', a 24/7 support system for survivors of rape and sexual assault in Delhi.



The Forum post is edited by LetsHelpIndia May 13 '14, 04:17
chandra shekhar
chandra shekhar May 23 '14, 04:39
At Police station fir should be recorded in video recordings with audio. and the recording should be online so that it can not be tempered.

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