Gang Rape: Legal Rights and Immediate Steps in India
What you need to know
Gang rape (rape committed by more than one person) is one of the most serious criminal offences under Indian law, attracting enhanced punishment under Section 70 of the Bharatiya Nyaya Sanhita 2023 (formerly Section 376D IPC). Every survivor has the right to register a Zero FIR at any police station regardless of where the offence occurred, receive free medical examination, and access legal aid. The law imposes strict timelines on police and courts — investigation must be completed within 2 months and trial within 2 months of charge-sheet. Survivors cannot be compelled to repeat statements unnecessarily, and their identity is protected by law.
Your rights
Right to register a Zero FIR at any police station; police cannot refuse
Right to free medical examination and treatment at any government hospital
Right to free legal aid via the District Legal Services Authority (DLSA)
Right to anonymity — publishing the survivor's identity is a punishable offence
What you should do now
Action firstEnsure immediate safety and medical care
- Call 112 (police) or 181 (Women Helpline) immediately
- Go to the nearest government hospital for free medical examination — do not bathe or change clothes beforehand to preserve evidence
- Ask the hospital to preserve the medico-legal case (MLC) report — you are entitled to a copy
Register an FIR
- File a Zero FIR at the nearest police station; the FIR must be registered — refusal is punishable
- If police refuse, approach the Superintendent of Police, Magistrate (Section 175 BNSS), or file online on your state police portal
- Statement of a woman survivor must be recorded by a woman police officer, ideally at the survivor's chosen location
Access free legal aid and support
- Contact the District Legal Services Authority (DLSA) for a free lawyer — call 15100 (NALSA helpline)
- A designated support person or 'one-stop centre' (Sakhi Centre) can accompany the survivor through police and court proceedings
Follow up on investigation and seek compensation
- Apply for interim compensation under the State Victim Compensation Scheme through the DLSA
- If police are inactive, file a complaint before the Judicial Magistrate under Section 175(3) BNSS
- Identity of the survivor must not be disclosed — report any media violation to the Press Council or police immediately
Acts applicable
Bharatiya Nyaya Sanhita, 2023
centralSection 70 — gang rape; enhanced punishment of minimum 20 years to life imprisonment
Code of Criminal Procedure / BNSS 2023
centralSection 173 BNSS — statement of survivor recorded by woman officer; Zero FIR provisions
Protection of Children from Sexual Offences (POCSO) Act, 2012
centralApplicable if survivor is below 18 years of age