Rights OF Rape Victim!

 


Law has provided certain rights to rape victims which include Zero FIR. It was enacted on the advice of the Justice Verma Committee, which was constituted in the aftermath of the 2012 Nirbhaya gang rape in Delhi. This places a legal requirement on the police to launch an inquiry and take action as soon as possible, regardless of whether or not they have jurisdiction. It refers to a FIR that is filed regardless of the location where the crime was committed. In such a circumstance, the police cannot claim that they have no jurisdiction. After then, the FIR is transferred to the police station with jurisdiction over the incident so that an investigation can commence.

They have right to free medical treatment in every private and government hospital of India. Every immediate and necessary medical treatment will be provided to them free of cost. Under section 357C of Code of Criminal Procedure, all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the Indian Penal Code, and shall immediately inform the police of such incident. If hospital failed to do so they will be punished under Section 166B of Indian Penal Code. According to Section 166B of IPC, Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 357C of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Victims have a right to trial with full dignity, speed and protection. According to section 26a of CrPC their case shall be tried by a female judge in the court  as far as it is practicable.  There will be no male judges and they’ll not be asked any questions related to their character and private life. According to Section 53A of the  Indian Evidence Act, any question related to previous sexual history is irrelevant. According to section 327(2) of the CrPC the trial of the rape shall be conducted on the camera. According to section 327(3) of the CrPC for confidentiality and no publication of the proceeding subject to maintain confidentiality of name and address of the parties.  Under Section 173(1A) of the CrPC, the investigation shall be completed within two months from date on which information was recorded.

Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

contact us for 24 hours free legal assistance at 8800548696


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