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How to report sexual assault and file a Zero FIR under BNSS

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Witnessed a crime on a Delhi bus? Here is the exact playbook to use the new BNSS laws to ensure an FIR is filed and the survivor gets immediate help.

HowToHelp Editorial
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11 min read
#Zero FIR Delhi#Section 173 BNSS#BNS Section 70#Delhi Police 112#DSLSA free legal aid#reporting gang rape India#BNSS 2024 updates#victim rights Delhi

The Hook

You are on a late-night DTC bus heading back to South Delhi. The streets are quiet, but inside the bus, something is horribly wrong. You witness an assault or a friend calls you in a state of panic after a traumatic encounter with a driver or conductor. Your heart is racing, and while your first instinct is to help, you might feel paralyzed by the fear of "police chakkar" or not knowing the right legal steps. In Delhi, where public transport safety remains a critical concern, knowing the exact legal levers can save a life. You do not need to be a lawyer to ensure a criminal is arrested; you just need the right playbook to navigate the system and demand action.

What the law actually says

As of July 1, 2024, the legal landscape for reporting crimes in India has shifted from the old IPC and CrPC to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). If you are dealing with a case of gang rape, the primary statute is Section 70(1) of the BNS, 2023. This section defines gang rape as an act where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention. The punishment is severe: rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life imprisonment, along with a fine to meet the victim's medical expenses.

Crucially, the procedural law—the BNSS—has introduced several victim-centric updates that you must use:

  1. Section 173 of the BNSS (The FIR): This replaces Section 154 of the old CrPC. It mandates that any information regarding a cognizable offence (like sexual assault) must be recorded by the police.
  2. The Zero FIR (Section 173(2) BNSS): This is a game-changer for crimes on moving vehicles. It explicitly states that information about an offence shall be recorded by the police officer irrespective of the jurisdiction where the offence was committed. If a crime happens on a bus moving from Delhi to Gurugram, any police station you reach first must register the FIR and then transfer it to the relevant station. They cannot turn you away saying, "This isn't our area."
  3. Mandatory Forensics (Section 176(3) BNSS): For any offence punishable by seven years or more (which includes all forms of sexual assault under BNS), the visit of a forensic expert to the crime scene and the collection of forensic evidence is now mandatory.
  4. Victim Rights (Section 173(1) Proviso): The law mandates that information regarding sexual offences must be recorded by a woman police officer. Furthermore, under Section 184 of the BNSS, a medical examination of the victim must be conducted by a registered medical practitioner within twenty-four hours of the information being received.

In the landmark case of Lalita Kumari vs. Govt. of UP (2014), the Supreme Court ruled that the registration of an FIR is mandatory if the information discloses the commission of a cognizable offence. This remains the binding precedent even under the new BNSS regime.

Step-by-step playbook

  1. Immediate Response and Helplines

    Your priority is safety and evidence preservation.

    • What to do: Call 112 (National Emergency Response System) or 181 (Abhaya Women Helpline in Delhi). If you are on a bus, look for the panic button or alert the marshal if present.
    • What to say: Give your exact location (landmark, bus route number, or GPS coordinates via WhatsApp). State clearly: "I am reporting a sexual assault in progress/that just occurred. I need immediate police and medical assistance."
    • What to bring: If you are a witness, keep your phone charged. If you are the survivor, try not to wash or change clothes before the medical exam, as this can destroy vital DNA evidence.
    • Timeline: Police response in Delhi typically ranges from 7 to 15 minutes in urban areas.
    • If it fails: If 112 is unresponsive, call the Delhi Police Women Helpline at 1091. For immediate emotional support, refer to our guide on Mental health helplines (iCall, Vandrevala, NIMHANS).

  2. Filing the FIR (The Zero FIR)

    Go to the nearest police station. It does not matter if the crime happened elsewhere.

    • What to do: Demand to file a Zero FIR under Section 173(2) of the BNSS.
    • The Process: You can give the information orally or in writing. If oral, the police must write it down and read it back to you. You are entitled to a free copy of the FIR immediately.
    • The Digital Option: Under Section 173(1) of the BNSS, you can also send the information via electronic communication (e-mail or portal). However, for the FIR to be officially registered, the person giving the info must sign it within three days. You can use the Cyber Crime reporting portal if the assault involved digital harassment or recording.
    • What to bring: Identity proof (Aadhaar/Voter ID) is helpful but not mandatory for filing an FIR. If you have the bus number, driver’s name (from the ID badge), or a description of the conductor, provide those details.
    • If it fails: If the officer refuses to file the FIR, remind them of the Lalita Kumari judgment and Section 173 of the BNSS. If they still refuse, you must use Section 173(4) of the BNSS and send the complaint in writing to the Deputy Commissioner of Police (DCP) via registered post. For a detailed breakdown, see our guide: How to file an FIR (and what to do if police refuse).

  3. Medico-Legal Case (MLC)

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

    • What to do: Ensure the exam is done by a female doctor at a government hospital (like AIIMS, Safdarjung, or RML in Delhi).
    • Legal Protections: The "two-finger test" is strictly banned by the Supreme Court (State of Jharkhand vs. Shailendra Kumar Rai, 2022). If a doctor attempts this, it is a violation of the survivor's dignity and a legal offence.
    • Consent: The exam cannot be done without the survivor's informed consent (or consent of the guardian if the survivor is a minor/mentally ill).
    • Timeline: The medical report must be forwarded to the investigating officer within 7 days of the exam.

  4. Statement to the Magistrate

    This is the most critical piece of evidence.

    • What to do: Under Section 183 of the BNSS (formerly 164 CrPC), the police must produce the survivor before a Judicial Magistrate to record their statement.
    • Why it matters: Unlike a statement given to the police, a statement recorded by a Magistrate is admissible as substantive evidence in court.
    • Timeline: This should happen as soon as the crime is reported and the survivor is medically fit.

  5. Accessing Legal and Financial Aid

    You do not have to fight this alone or pay for a lawyer.

    • What to do: Contact the Delhi State Legal Services Authority (DSLSA). Under the Legal Services Authorities Act, 1987, every woman is entitled to a free lawyer regardless of her income.
    • Compensation: Ask your lawyer about the Delhi Victim Compensation Scheme. Under BNSS, the fine collected from the accused (Section 70 BNS) is also directed toward the victim's medical expenses and rehabilitation.
    • Where to go: Visit the DSLSA office at any District Court (Patiala House, Tis Hazari, Saket, etc.) or call their 24/7 toll-free helpline 1516.

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Where it usually breaks

The law looks great on paper, but the ground reality at a Delhi thana at 2 AM can be different. Here is where the system usually glitches and how you bypass the "system busy" errors:

  1. The "Jurisdiction" Excuse: This is the most common hurdle. An officer might tell you, "This happened in Vasant Kunj, go to that station; we are Sarojini Nagar."

    • The Workaround: Explicitly mention Section 173(2) of the BNSS. Tell them: "Under the new law, you are mandated to file a Zero FIR regardless of where the bus was moving. You can transfer it later, but you must record it now." If they still refuse, open the Delhi Police 'Tatparya' app or the Himmat Plus app and report the refusal, or call 112 while standing right inside the station.

  2. The "No Woman Officer" Delay: They might claim the only woman sub-inspector is out on a call or on leave.

    • The Workaround: The proviso to Section 173(1) of the BNSS is non-negotiable. If a woman officer isn't physically there, they must call one from a neighbouring station or a woman volunteer from the Special Police Unit for Women and Children (SPUWAC). Do not record the statement with a male officer if the survivor is uncomfortable. Demand that they record the delay in the Daily Diary (DD) entry.

  3. Pressure to "Compromise": Sometimes, "well-meaning" officers or bystanders might suggest a settlement because "court cases take years."

    • The Workaround: Sexual assault under Section 70 of the BNS is a non-compoundable offence. This means it is legally impossible to "settle" it outside of court. Any officer suggesting this is committing a crime under Section 199 of the BNS (public servant disobeying law). Remind them that you are aware of the Lalita Kumari (2014) judgment which makes FIR registration mandatory.

  4. Forensic Negligence: In the chaos, police might "forget" to seal the bus or call the FSL (Forensic Science Laboratory) team.

    • The Workaround: Cite Section 176(3) of the BNSS. It is now a legal requirement for forensics to visit the scene for crimes punishable by 7+ years. Ask the SHO directly: "Has the FSL team been notified as per Section 176(3)?"

Templates & scripts

Copy, fill in the [highlighted] bits, and send.

Script: When the officer refuses a Zero FIR

You: "Officer, I need to file an FIR regarding a sexual assault that happened on Bus Route [Number]." Officer: "This area doesn't fall under us. Go to the [Other Area] police station." You: "Sir, under Section 173(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), you are required to register a Zero FIR. The location of the crime does not matter for the initial registration. If you refuse, I will have to call 112 and report a violation of the Supreme Court's directions in Lalita Kumari vs. Govt. of UP."

Template: Written Complaint to the SHO

Use this if they are making you wait indefinitely or refusing to type out the FIR.

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

Subject: Complaint regarding sexual assault under Section 70 of the BNS.

Sir/Ma'am, I am writing to report an incident of gang rape that occurred on [Date] at approximately [Time] inside a moving bus (Vehicle No: [Number]) near [Location/Landmark].

The accused are the driver and the conductor of the said vehicle. [Provide a brief 3-line description of the event].

I request you to:

  1. Register an FIR immediately under Section 70 of the BNS and Section 173 of the BNSS.
  2. Ensure a medical examination of the survivor by a woman doctor as per Section 184 BNSS.
  3. Secure the vehicle for forensic examination as mandated by Section 176(3) BNSS.

I am aware that as per the Zero FIR provision in Section 173(2) BNSS, jurisdiction is not a ground for refusal.

Regards, [Your Name/Survivor's Name] [Phone Number]

Template: RTI to track investigation status

If 30 days have passed and you haven't heard from the IO (Investigating Officer).

To, The Public Information Officer (PIO), Office of the DCP [District Name], Delhi Police.

Subject: Request for information under Section 6(1) of the RTI Act, 2005.

Regarding FIR No: [Number] dated [Date] registered at [Police Station].

Please provide the following information:

  1. The current status of the investigation in the aforementioned FIR.
  2. Has the chargesheet (Police Report) been filed under Section 193 of the BNSS? If yes, provide the date of filing and the court name.
  3. Have the forensic reports from the crime scene been received?
  4. Provide the names and designations of the officers responsible for the investigation.

Frequently Asked Questions

Q1. Does it cost money to file an FIR or get a medical test?

No. Filing an FIR is absolutely free. Under **Section 173(2) of the BNSS**, a copy of the FIR must be provided to the informant or the victim free of cost immediately. Similarly, medical examinations for sexual assault survivors in government hospitals (like Safdarjung or AIIMS) are free of charge. If anyone asks for a "fee," they are seeking a bribe.

Q2. Can the police reveal the survivor's name to the media?

Strictly no. **Section 72 of the BNS** (formerly Section 228A IPC) makes it a punishable offence to print or publish the name or any detail that might reveal the identity of a survivor of sexual assault. This includes photos of the bus if it leads to identification. If a journalist or cop leaks this, they can face up to two years in prison.

Q3. What if the survivor is too traumatised to go to the police station?

Under **Section 173 BNSS**, for sexual offences, the police can come to the survivor’s residence or a place of their choice (like a shelter home) to record the statement. This must be done by a woman police officer and, as far as possible, in the presence of a guardian, relative, or a social worker.

Q4. Who provides a lawyer if we cannot afford one?

You have a right to free legal aid. You can contact the **Delhi State Legal Services Authority (DSLSA)** at their 24/7 helpline **1516**. They will provide a legal aid counsel to assist the survivor during the statement recording (Section 164 BNSS) and the subsequent trial.

Q5. Is the bus ticket or GPS data considered evidence?

Yes. Under **Section 63 of the BNSS**, digital records are primary evidence. This includes the bus's GPS logs, CCTV footage from inside the bus or from Delhi's "Safe City" cameras, and even your digital ticket (like from the Chartr app). Ensure you mention these in the FIR so the police "seize" the digital trail before it is overwritten.

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