Detailed information on Police Procedure in Rape Cases: What Happens After an FIR Is Filed
Once an FIR (First Information Report) is filed in a rape case in India, the criminal justice system begins a series of legally mandated steps. This guide outlines what happens next, so victims and their families know what to expect, and what rights are protected throughout the process.
1. FIR Registration and Initial Action
Once a rape complaint is made, the police are legally bound to register a First Information Report (FIR) immediately, under Section 154 of the Criminal Procedure Code (CrPC). No preliminary inquiry is required if the victim describes a cognizable offence like rape.
If the police refuse to register the FIR, the victim can:
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Approach a senior police officer (such as the Superintendent of Police).
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Send the written complaint by post to the jurisdictional police station or higher authority.
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Directly approach the Judicial Magistrate under Section 156(3) CrPC, who can order the police to register the FIR.
Upon registration, the police must:
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Inform the victim of her rights, including the availability of legal assistance and free medical care.
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Ensure that the statement of the victim is recorded in a safe and sensitive environment, preferably by a female officer.
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Arrange for immediate medical examination by a registered medical practitioner in a government or recognized hospital.
All these steps must be carried out with utmost sensitivity, confidentiality, and without causing any further trauma to the survivor. The law strictly prohibits any form of harassment, victim-blaming, or delay by the authorities.
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2. Statement Recording (Section 164 CrPC)
After the FIR is registered, one of the most critical steps in a rape investigation is the recording of the victim’s statement under Section 164 of the Criminal Procedure Code (CrPC). This statement must be recorded before a Judicial Magistrate, and not just before the police. The purpose is to ensure that the victim’s version of events is accurately captured in a voluntary, unbiased, and legally admissible manner.
Key aspects of this process include:
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Timing: The statement should be recorded as soon as possible after the FIR to preserve the accuracy of the victim’s recollection.
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Magistrate's Role: The Magistrate is required to make sure the victim is giving the statement of her own free will, without pressure or coercion from police, family, or any third party.
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Preferably a Woman Magistrate: In cases of sexual violence, the law strongly recommends that the statement be recorded by a female Magistrate, to make the victim feel more comfortable and secure.
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In Camera Proceedings: The statement can be recorded in private, away from the public and media, to protect the identity and dignity of the survivor.
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Interpreter or Special Educator: If the victim is a child, disabled, or has difficulty understanding the language, an interpreter or special educator must be provided during the statement recording.
This statement under Section 164 becomes crucial evidence in court and plays a key role during the trial. Any inconsistencies or delays in recording it can affect the strength of the prosecution’s case, which is why the law insists on this process being followed diligently and sensitively.
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3. Medical Examination of the Victim
A medical examination plays a critical role in rape investigations, as it helps establish physical evidence that supports the victim’s statement. Under Indian law, this examination must be conducted as soon as possible, ideally within 24 hours of the FIR being filed, to ensure accuracy and preserve forensic evidence.
Key aspects of the medical examination process include:
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Victim’s Consent Is Mandatory: The examination cannot be conducted without the informed consent of the victim. For minors, consent must be taken from a parent or guardian. A refusal to undergo the examination does not weaken the victim's case but may affect the availability of forensic proof.
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Preferably Conducted by a Female Doctor: According to the Criminal Law (Amendment) Act, 2013, the medical examination of a female victim must be conducted by a registered female medical practitioner. If a female doctor is not available, efforts must be made to find one before proceeding.
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Comprehensive Medical Report: The doctor documents injuries, signs of resistance (such as scratches or bruises), and collects biological samples like blood, hair, semen, or vaginal swabs. These samples are sealed and sent to a forensic lab for DNA testing and analysis.
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Confidential and Respectful Handling: The examination must be done with utmost sensitivity, ensuring the victim's privacy and dignity are maintained. The use of derogatory language, unnecessary questions, or invasive procedures is prohibited.
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Timely Filing of the Report: The medical officer is required to submit the examination report to the police within 24 hours. This report becomes a key piece of evidence during trial proceedings.
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Special Guidelines for Child Victims: In cases involving minors, the medical examination must be conducted in accordance with the Protection of Children from Sexual Offences (POCSO) Act, which mandates child-friendly procedures and prohibits invasive questioning.
A proper medical examination not only strengthens the case in court but also helps assess the physical and psychological condition of the survivor, allowing authorities to offer appropriate medical and mental health support.
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4. Police Investigation Process
After recording the FIR and the victim’s statement, the police begin a thorough and time-sensitive investigation. The aim is to gather all possible evidence that can help prove the crime and identify the accused. This step is crucial, as the strength of the case in court depends heavily on how well the investigation is conducted.
Key steps involved in the investigation process include:
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Medical Examination of the Victim: The police facilitate a mandatory medical examination, which should be conducted by a registered female medical practitioner, preferably within 24 hours of the complaint. The medical report can provide crucial forensic evidence such as injuries, DNA samples, and other signs of assault.
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Collection of the Victim’s Clothing and Personal Items: Clothes worn at the time of the incident may carry physical or biological evidence. These are collected, sealed, and sent for forensic testing.
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Forensic Testing: The police may send collected materials—such as biological samples, clothing, or objects from the crime scene—for forensic analysis to a certified laboratory. This can help establish the identity of the accused or confirm the occurrence of the act.
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Crime Scene Examination: If applicable, the police inspect the location where the incident occurred. They document the surroundings, collect relevant objects, take photographs, and look for things like blood stains, hair strands, or signs of struggle.
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Collection of Witness Statements: The police identify and record statements from any witnesses, including bystanders, friends or family of the survivor, and anyone who may have seen the accused before or after the incident.
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CCTV Footage: In urban or semi-urban areas, CCTV footage from nearby buildings, streets, or transport services may be retrieved and reviewed for clues, especially to track the accused's movements or verify the survivor’s account.
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Arrest and Interrogation of the Accused: If the accused is known, he may be arrested promptly and subjected to interrogation. If the accused is unknown, the police issue a lookout notice and may conduct identity parades to help the victim identify the perpetrator.
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Mobile and Digital Forensics: In some cases, phone records, social media messages, or digital chats are retrieved to establish communication between the survivor and the accused or track the movement of both parties.
Throughout this process, the police are expected to maintain sensitivity and confidentiality, especially when interacting with the victim. Mishandling of evidence or delays in investigation can weaken the case, so timely and professional handling is essential.
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5. Filing of the Charge Sheet
Once the investigation is complete, a charge sheet is filed under Section 173 of the CrPC. This document includes all evidence and statements collected, and is submitted to the Magistrate’s court for further trial proceedings.
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6. Victim’s Rights and Support
The victim has the right to free legal aid, support from protection officers, and psychological counseling. In-camera trials (private courtrooms) and identity protection are also legal safeguards provided by the law.
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