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.(( Section 327(2), Code of Criminal Procedure, 1973.))

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

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