A person dealing with an incident of sexual abuse is unsure of the right first steps to take, including whether and how to approach the police, and wants general guidance on how to proceed legally with such a matter.
If you are looking for guidance in a matter of sexual abuse, whether it happened to you or to someone you care about, please know first that reaching out is a brave and important step. What happened is not your fault, and you do not have to have everything figured out before you begin. Indian law provides survivors with medical care, legal protection, privacy, compensation, and support, and you have choices about how and when to use them. This guide walks you through where to start, step by step, in plain language. If you are in immediate danger right now, please stop reading and call 112.
Let me begin with your immediate safety. If the person who harmed you is nearby or can reach you, move to a safe place, such as the home of a trusted friend or relative. The national emergency number is 112, the women's helpline is 181, and Childline for children is 1098. One Stop Centres, also called Sakhi Centres, operate in most districts and provide emergency shelter, medical aid, police assistance, legal counselling, and psychological support under one roof. You can go to a One Stop Centre even if you have not decided whether to file a police complaint.
The second step is medical care, and it matters for both your health and any future case. Under Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), formerly Section 357C of the Code of Criminal Procedure, all hospitals, public or private, must provide free first aid and medical treatment to survivors of sexual offences. No hospital can refuse you or demand payment for this care. Treatment may include emergency contraception, medication to prevent HIV infection if started within seventy-two hours, treatment for injuries, and counselling.
If you can, seek medical care as soon as possible, ideally within seventy-two hours, because physical evidence fades with time. If you are able, avoid bathing, changing clothes, or cleaning the area before the examination. If you have already changed, keep the clothes you were wearing in a paper bag, not plastic. Please do not worry if you have already washed or if time has passed. Medical care and legal action are still possible, and delay is never a reason to give up.
A medical examination for evidence requires your informed consent. Under Section 184 of the BNSS (formerly Section 164A CrPC), a registered medical practitioner examines the survivor with consent, and the report must be sent to the investigating officer within seven days. The Ministry of Health and Family Welfare has issued national guidelines for the medico-legal care of survivors, which require a sensitive, respectful examination. The Supreme Court in Lillu v. State of Haryana (2013) and State of Jharkhand v. Shailendra Kumar Rai (2022) condemned the so-called "two-finger test" as unscientific and a violation of dignity, and the Court has held that conducting it amounts to misconduct.
Hospitals are generally required to inform the police when a survivor of a sexual offence is brought for treatment. However, as an adult survivor, you still have control over important decisions. You can choose whether to consent to a forensic examination and whether to give a statement. Medical care should never be made conditional on filing a complaint. If anyone pressures you, you can ask for a counsellor or a support person to be present.
The third step is understanding your legal options. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code from 1 July 2024, rape is defined in Section 63 and punished under Section 64. Other offences include assault with intent to outrage modesty under Section 74, sexual harassment under Section 75, assault with intent to disrobe under Section 76, voyeurism under Section 77, stalking under Section 78, and words or gestures insulting a woman's modesty under Section 79. Gang rape is punishable under Section 70, and sexual intercourse by deceitful means under Section 69.
If the survivor is a child below eighteen, the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) applies, and it is gender-neutral. It covers penetrative sexual assault, sexual assault, sexual harassment, and use of children for pornographic purposes, with severe punishments. Under Section 19 of the POCSO Act, anyone who knows or suspects that a child has been or may be sexually abused must report it to the police or Special Juvenile Police Unit. Failure to report is itself punishable under Section 21. If a child is involved, please report without delay.
If the survivor is a man or a transgender person, the legal position is more complex. Many BNS sexual offence provisions are framed to protect women, and the omission of a provision equivalent to Section 377 of the IPC has created a recognised gap for adult male and transgender survivors of non-consensual acts after July 2024. Remedies still exist, including hurt and grievous hurt under Sections 115 and 117 of the BNS, criminal intimidation under Section 351, Sections 66E, 67, and 67A of the Information Technology Act, 2000 for online abuse, and Section 18(d) of the Transgender Persons (Protection of Rights) Act, 2019. A lawyer can help identify the strongest provisions.
The fourth step, if and when you are ready, is reporting to the police. Under Section 173 of the BNSS (formerly Section 154 CrPC), the police must register an FIR when a cognizable offence is disclosed, as held in Lalita Kumari v. Government of Uttar Pradesh (2014). Under the proviso to Section 173(1), information from a woman about sexual offences must be recorded by a woman police officer. If the survivor has a disability, the information must be recorded at her residence or a convenient place, with an interpreter or special educator where needed, and the recording should be videographed.
You can report at any police station. A Zero FIR can be filed regardless of where the offence occurred, and it will be transferred to the correct police station. Many States also allow e-FIRs. Under Section 199 of the BNS (formerly Section 166A IPC), a police officer who fails to record information about specified sexual offences against women can be punished with rigorous imprisonment of six months to two years. If the police refuse, you can write to the Superintendent of Police under Section 173(4) of the BNSS or approach the Magistrate under Section 175(3).
Please remember that delay does not defeat your case. Many survivors take days, months, or even years before they are ready to speak. In State of Punjab v. Gurmit Singh (1996), the Supreme Court held that delay in reporting sexual offences is natural due to stigma, fear, and trauma, and should not weaken the case when reasonably explained. For serious offences such as rape, there is no limitation period at all.
Taking the first step can feel overwhelming, and having someone knowledgeable beside you can make an enormous difference. If you would like confidential guidance, our legal experts at Aapka Legal Advice can listen to your situation and explain your options at your own pace. If you decide to pursue a case, experienced Top Criminal Lawyers in India | Aapka Legal Advice can assist you with the complaint, the investigation, and the trial. You may also consult our panel of retired judges, who understand how courts handle sexual offence cases with sensitivity, and who work alongside our criminal lawyers to make sure your voice is heard.
After an FIR is registered, your statement may be recorded by a Magistrate under Section 183 of the BNSS (formerly Section 164 CrPC). This statement is recorded privately, away from the police, and it becomes important evidence. In rape cases, the law prefers that it be recorded by a woman Magistrate where possible. You have the right to read your statement or have it read back to you before signing. If you need breaks or support, ask for them.
Investigation and trial timelines are shorter in these cases. Under Section 193(2) of the BNSS, investigation in rape cases must be completed within two months from the date the information is recorded. Under the proviso to Section 346 of the BNSS, the trial should, as far as possible, be completed within two months from the filing of the charge sheet. In practice, cases sometimes take longer, but these provisions give you a basis to press for timely action.
Your privacy is strongly protected. Under Section 72 of the BNS (formerly Section 228A IPC), disclosing the identity of a survivor of rape and related offences is a punishable offence. In Nipun Saxena v. Union of India (2018), the Supreme Court directed that the media, police, and courts must not disclose a survivor's name or any details that could identify her. For children, Section 23 of the POCSO Act prohibits disclosure of identity. Trials in rape cases are held in camera under Section 366 of the BNSS.
The law also protects you during the trial. Under Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 53A of the Evidence Act), evidence of the survivor's character or previous sexual experience is not relevant to the question of consent in rape cases. Defence lawyers are not allowed to ask questions about the survivor's general immoral character or past sexual experience. For children, Section 33 of the POCSO Act requires questions to be put through the judge, and Section 36 ensures the child does not see the accused while testifying.
Children receive additional support. Under the POCSO Rules, 2020, the Child Welfare Committee may appoint a support person to assist the child and family through the investigation and trial. Under Section 24 of the POCSO Act, the child's statement should be recorded at the child's residence or a place of the child's choice, preferably by a woman police officer not in uniform. Cases are tried by Special Courts under Section 28, in a child-friendly manner.
As a survivor, you have an active voice in the case. Under the proviso to Section 18(8) of the BNSS (formerly Section 24(8) CrPC), you may engage your own advocate to assist the prosecution. In Jagjeet Singh v. Ashish Mishra (2022), the Supreme Court held that victims have a right to be heard at the bail stage. Under the proviso to Section 413 of the BNSS (formerly Section 372 CrPC), you have the right to appeal against an acquittal, a conviction for a lesser offence, or inadequate compensation. In Mallikarjun Kodagali v. State of Karnataka (2018), the Supreme Court affirmed this right.
Financial support is available too. Under Section 396 of the BNSS (formerly Section 357A CrPC), victim compensation schemes provide financial assistance, including interim compensation for immediate needs such as medical treatment and rehabilitation. Following Nipun Saxena, NALSA framed a compensation scheme for women survivors of sexual assault and other crimes, which States implement through Legal Services Authorities. On conviction, the court may also order the accused to pay compensation under Section 395 of the BNSS.
Free legal aid is your right. Under Section 12 of the Legal Services Authorities Act, 1987, women and children are entitled to free legal services regardless of income. You can approach the District Legal Services Authority at your district court, or call the NALSA helpline 15100. A legal aid lawyer can help you file a complaint, apply for compensation, and represent you in court without any fee.
If the abuse happened at your workplace, you have an additional remedy. Under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, you can file a written complaint with the Internal Committee, or the Local Committee where applicable, generally within three months. You can also use the SHe-Box portal of the Ministry of Women and Child Development. A workplace complaint does not prevent you from filing a police complaint at the same time.
If the abuse is happening within a family or household, the Protection of Women from Domestic Violence Act, 2005 can help. Under Section 3, sexual abuse is a form of domestic violence. Under Sections 12, 18, and 19, you can seek protection orders and residence orders from the Magistrate, including urgent ex parte orders under Section 23. These civil protections can be sought alongside a criminal complaint.
You may worry about threats or pressure to withdraw. Threatening a witness to give false evidence is punishable under Section 232 of the BNS, and criminal intimidation under Section 351. Under Section 398 of the BNSS, every State must notify a witness protection scheme, building on the scheme approved in Mahender Chawla v. Union of India (2018). If anyone pressures you, inform the police, the Public Prosecutor, and the court immediately.
If you are supporting someone else, your role is precious. Listen calmly, believe them, and reassure them that it was not their fault. Avoid pressing for details or pushing them into decisions they are not ready for, unless a child is involved, in which case reporting is mandatory. Do not confront the abuser or post about the incident on social media, because this can endanger the survivor and harm the case. Help them reach medical care, a One Stop Centre, or a lawyer.
Evidence can make a difference if you decide to pursue a case. Save messages, call logs, photographs, emails, and social media interactions connected to the abuse. Write down what happened, with dates, places, and names, while your memory is fresh. Note anyone you told soon after the incident, because their testimony can support yours. Electronic evidence must later be supported by a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
Please look after your emotional wellbeing as well. Sexual abuse can leave deep and lasting effects, including fear, anxiety, sleep problems, guilt, and numbness, and all of these are normal responses to trauma. Speaking with a trained counsellor can help. The Tele-MANAS mental health helpline at 14416 offers free, confidential support at any time. One Stop Centres also provide counselling. Healing takes time, and you deserve support throughout.
Let me summarise where to start. First, make sure you are safe, and call 112 if you are in danger. Second, seek free medical care at any hospital as soon as you can. Third, reach out to support, such as a One Stop Centre, the women's helpline 181, Childline 1098 for children, or Tele-MANAS 14416. Fourth, when you are ready, report to the police or file a workplace complaint, with the help of free legal aid if needed. Throughout, remember your rights to privacy, dignity, compensation, and a voice in the case.
In conclusion, starting out in a matter of sexual abuse can feel frightening, but you are not alone, and the law in India stands firmly with survivors. You have the right to free medical care, to report without fear, to have your identity protected, to be heard in court, and to receive compensation and support. Take one step at a time, at a pace that feels right for you, and reach out to trusted people and professionals. With the right help, a matter of sexual abuse can move toward justice and healing, and guidance in a matter of sexual abuse is available to you whenever you are ready.
