How to report gang rape and access justice under BNS and BNSS

1. The situation

You are scrolling through a Delhi subreddit or a WhatsApp group and see a horrific report: a woman was pulled into a bus near Dhaula Kuan or Outer Ring Road and gang-raped for two hours while the vehicle kept moving. It is the kind of news that makes you feel a mix of rage and absolute helplessness. But what if this isn't just a news item? What if you are the one a friend calls from a hospital bed, or you were the witness who saw a struggle inside a speeding private bus? In Delhi, the legacy of the 2012 case means the system is built to respond, but since July 2024, the rules of the game have changed with the introduction of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). You need to know how to trigger these new laws to ensure the survivor gets justice and the perpetrators don't walk because of a procedural glitch.

2. What the law actually says

When a crime as severe as gang rape occurs, multiple sections of the new Indian penal and procedural codes kick in. As of May 2026, the old IPC and CrPC are no longer the primary references for new offences.

The Offence (BNS, 2023)

Under Section 70(1) of the Bharatiya Nyaya Sanhita (BNS), gang rape is defined as an act where a woman is raped by one or more persons acting in furtherance of a common intention. The law is uncompromising: the punishment is rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to life imprisonment (meaning the remainder of that person’s natural life), along with a fine. The fine is specifically mandated to be just and reasonable to meet the medical expenses and rehabilitation of the victim.

The Reporting Process (BNSS, 2023)

Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) governs the registration of the First Information Report (FIR). For sexual offences, the law mandates that the information must be recorded by a woman police officer. If the survivor is temporarily or permanently mentally or physically disabled, the police must go to her residence or a place of her choice to record the statement. Crucially, the BNSS now explicitly allows for Zero FIRs—meaning any police station in Delhi must register the complaint, even if the bus crossed into Gurugram or Noida during the crime. They must then transfer it to the relevant station later.

Medical and Forensic Rights

Section 176 of the BNSS (formerly Section 164A CrPC) mandates a medical examination of the survivor by a registered medical practitioner within 24 hours of the information being received. The Supreme Court in State of Jharkhand v. Shailendra Kumar Rai (2022) has categorically banned the "Two-Finger Test," calling it patriarchal and scientifically irrelevant. Any official performing it can be held in contempt of court.

The Magistrate’s Statement

Under Section 183 of the BNSS, the police must bring the survivor before a Judicial Magistrate to record her statement. This is a critical piece of evidence that cannot be easily dismissed during the trial. For sexual offences, this statement must be recorded by a woman Magistrate wherever possible.

3. Your step-by-step playbook

If you are assisting a survivor or are a witness, follow these steps immediately. In Delhi, the first 24 hours determine the strength of the legal case.

Step 1: Prioritise forensic preservation

This is the hardest but most vital step. If the assault happened recently (within the last 72 hours), the survivor should not wash, bathe, change clothes, or even go to the toilet if possible before the medical exam. DNA evidence from the bus seats, clothes, and the body is the strongest link to the attackers. If clothes must be changed, place each item in a separate paper bag (not plastic, as plastic traps moisture and destroys DNA).

Step 2: Call the emergency helplines

Dial 112 (All-in-one emergency) or 181 (Delhi Women Helpline). These calls are recorded and serve as the first official record of the incident. Tell the operator clearly: "This is a case of sexual assault in a moving vehicle. We need an ambulance and a woman police officer at [Location/Hospital]."

Step 3: Go to a 'One Stop Centre' (Sakhi)

Delhi has One Stop Centres (OSCs) in almost every district (e.g., at Sanjay Gandhi Memorial Hospital or Safdarjung Hospital). These centres provide medical aid, police assistance, legal counsel, and psychological support under one roof.

Step 4: Filing the FIR (Section 173 BNSS)

Go to the nearest police station. If the officers try to tell you "this happened in another jurisdiction," insist on a Zero FIR.

• What to bring: Any digital evidence (photos of the bus number plate, GPS location history from the phone, or any messages sent during the ordeal).
• What to check: Ensure the FIR is recorded by a woman officer. Read the statement before signing. You are entitled to a free copy of the FIR immediately.
• If they refuse: If the police refuse to register the FIR, follow our guide on How to file an FIR (and what to do if police refuse).

Step 5: The Medical Examination (Section 176 BNSS)

The police are legally bound to take the survivor for a medical exam within 24 hours.

• Expected timeline: 2–4 hours for the exam.
• Your right: The survivor has the right to have a person of her choice present during the exam. Ensure the doctor records every injury, no matter how small.

Step 6: Recording the 183 BNSS Statement

The police will coordinate with the District Court (e.g., Saket, Rohini, or Tis Hazari) to record the statement before a Magistrate.

• Timeline: This usually happens within 24–48 hours of the FIR.
• Action: This is not a cross-examination. The survivor should describe the events, the duration (e.g., "2 hours"), and the description of the men and the vehicle as accurately as possible.

Step 7: Secure Legal Aid and Compensation

Contact the Delhi State Legal Services Authority (DSLSA). They provide free legal aid to survivors of sexual assault regardless of income. They also process the Victim Compensation Scheme, which provides immediate financial relief for medical bills and trauma care.

• What to do if it fails: If the police are not identifying the bus or the men, use an RTI to ask for the status of the investigation. Learn more here: File an RTI online.

Step 8: Digital Evidence and Mental Health

If the attackers recorded the act or shared photos, immediately report it to the Cyber Crime reporting portal to have the content taken down under Section 79 of the IT Act. For the survivor's immediate psychological safety, refer to Mental health helplines (iCall, Vandrevala, NIMHANS).

For more information on navigating the Indian justice system, Browse all civic-action guides.

Where it usually breaks

The law on paper is a powerhouse; the law on the street is often a tired SHO (Station House Officer) trying to avoid paperwork. Here is where the process usually hits a wall and how you push through:

1. The "Jurisdiction" Excuse: Even with the 2024 BNSS updates, a police officer might tell you, "The bus started in Mehrauli but the incident happened near Dhaula Kuan, go to that station."

   • The Workaround: Remind them of Section 173 of the BNSS regarding Zero FIR. They are legally bound to record the information and then transfer it. If they refuse, tell them you will report them under Section 198 of the BNS (disobeying law by public servant) and cite the Supreme Court judgment in Lalita Kumari v. Govt. of UP (2014), which makes FIR registration mandatory for cognizable offences.

2. Medical Refusal or the "Two-Finger Test": A private hospital might try to turn the survivor away, claiming it’s a "medico-legal case" (MLC) for a government hospital.

   • The Workaround: Under Section 397 of the BNSS, all hospitals—public or private—are mandated to provide immediate first aid and medical treatment free of cost. If a doctor attempts the "Two-Finger Test," stop them immediately. Cite State of Jharkhand v. Shailendra Kumar Rai (2022); the Supreme Court has ruled that this test is a violation of the survivor’s right to dignity and privacy.

3. The "Missing" Woman Officer: You might be told a woman officer isn't available to record the statement.

   • The Workaround: Under Section 173(1) of the BNSS, the recording of an FIR for sexual offences must be done by a woman officer. Do not settle for a male officer writing it down "on her behalf." Demand that they call a woman officer from the nearest station or the District Women Cell.

Templates / script

Script for calling 112/181

"I am calling to report a gang rape that occurred on a moving bus in [Area Name]. The survivor is with me at [Location]. We need a woman police officer and an ambulance immediately. Please record this call as the first point of information under Section 173 of the BNSS. My name is [Name] and my contact is [Number]."

Draft for FIR / Written Complaint

To, The SHO, [Name of Police Station], Delhi.

Subject: Complaint regarding Gang Rape under Section 70(1) of the BNS.

On [Date] at approximately [Time], the survivor was [describe the incident: e.g., pulled into a private bus near X location]. There were [Number] men involved. [Describe the bus: colour, route, any partial plate numbers]. The assault continued for [Duration] until the survivor was dropped off at [Location].

I request you to:

1. Register a Zero FIR immediately under Section 173 of the BNSS.
2. Arrange for a medical examination by a woman doctor as per Section 176 BNSS.
3. Ensure the statement is recorded by a woman police officer.
4. Provide a free copy of the FIR immediately as per Section 173(2) BNSS.

Signed, [Survivor/Complainant Name] [Date & Time]

Complaint for FIR Refusal (To be sent to the DCP)

If the SHO refuses, email or hand-deliver this to the District Deputy Commissioner of Police (DCP) under Section 173(4) of the BNSS:

"I am writing to inform you that the SHO of [Station Name] has refused to register an FIR regarding a gang rape reported on [Date]. Under Section 173(4) of the BNSS, I request you to either investigate the matter yourself or direct the registration of the FIR immediately to ensure the preservation of forensic evidence."

FAQs

1. Does the survivor have to pay for the medical exam or the kit? No. Under Section 397 of the BNSS, all medical treatment for victims of sexual assault is free of cost at any hospital. The "Safe Kit" (Forensic Evidence Collection Kit) is provided by the state. If a hospital asks for money, it is a violation of the law.

2. Can the police record the statement at the survivor's home? Yes. Under Section 173 of the BNSS, for sexual offences, the police should ideally record the statement at the residence of the survivor or a place of her choice, in the presence of her parents, guardians, or a social worker of the locality.

3. What if we don't know the bus number or the names of the men? That does not stop the FIR. You can file an FIR against "unknown persons." In Delhi, the police will use GPS logs from clusters/DTC buses, CCTV footage from the Delhi Safe City project cameras, and mobile tower dumps to identify the vehicle and the perpetrators.

4. Will the survivor's name be made public in the news? No. Section 72 of the BNS makes it a criminal offence to publish the name or any information that may identify a survivor of sexual assault. This includes photos, home addresses, or family details. Punishment includes up to two years in prison.

5. How much compensation can the survivor get? Under the Delhi Victim Compensation Scheme (administered by the Delhi State Legal Services Authority - DSLSA), a survivor of gang rape is entitled to compensation, usually starting at ₹5 lakh to ₹10 lakh depending on the severity of injuries. You can apply for "interim compensation" immediately after the FIR is filed to cover urgent medical costs.

6. Is there a time limit to report the crime? While it is best to report within 24–72 hours for forensic evidence, there is no "expiry date" for reporting rape in India. You can file an FIR even weeks or months later, though the legal battle becomes harder without physical evidence.

7. Can a lawyer be present during the police questioning? Yes. The survivor has the right to legal counsel of her choice. If you cannot afford one, the District Legal Services Authority (DLSA) is mandated to provide a free lawyer to the survivor immediately upon request.