Rape Trial

Last updated on Apr 8, 2022

The inquiry and trial of a rape offence is conducted in camera i.e., not open to the public. However, the judge may allow a person to access or observe the court trial if one of the parties makes an application for the same. As far as possible, the trial is conducted by a woman judge.1

In certain cases of rape, where sexual intercourse is proved and the survivor says she did not consent, the court legally assumes that the survivor did not consent.2 Then, it is up to the accused person’s lawyer to prove, if possible, that the survivor actually consented.

The inquiry or trial is completed within two months from the date of filing the charge sheet.3

  1. Section 327(2), Code of Criminal Procedure, 1973.[]
  2. Section 114A, Indian Evidence Act, 1872.[]
  3. Proviso to Section 309(1), Code of Criminal Procedure, 1973.[]

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

As you found this post useful...

Follow us on social media!

We are sorry that this post was not useful for you!

Let us improve this post!

Tell us how we can improve this post?

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Reporting Rape

If you want to report a rape case, under the Indian law, you can follow the procedure which has been mentioned herein.
Crimes and Violence

Custodial Harassment of LGBTQ+ Persons by Police

If you are arrested, you will be in the custody of the police at the police station for 24 hours, till they take you to the nearest Magistrate (Court). They can keep you for 15 more days only if they get the permission of the Magistrate.
Crimes and Violence

Arrest Without Warrant

There are certain crimes for which the police can arrest you without a warrant. Such crimes are known in law as cognizable offences. These crimes are usually of serious nature such as rape, murder, assault etc.

Rape of LGBTQ+ Persons

When a man has sexual intercourse with you, without your consent, it is considered to be rape under the law. Currently, under the law, only women or trans women can be victims of rape or sexual violence and can only file it against a man.
Crimes and Violence

FIRs filed for Women Related Offences

The information related to acid attacks and sexual offences has to be registered by a woman police officer or any other woman officer.

Seeking Medical Help

Survivors have the right to get immediate and free first-aid or medical treatment from medical institutions (both public and private). The institution must also inform the police of the criminal incident.
Crimes and Violence