Rights for everyone
Free medical treatment, a free lawyer, compensation, and your name kept private.
This page is being checked by a lawyer. Use it as general information for now.
Four rights that most people are never told about. None of them depends on how much money you have.
Free medical treatment
- Every hospital, government or private, must treat a survivor of rape or child sexual abuse straight away and free of cost. Refusing is a crime
- You do not need a police report first
- The hospital has to inform the police. If you are 18 or older, you still choose whether to make a complaint
- Nothing is done without your consent. You can agree to some parts of an examination and refuse others, and you can stop at any point
- You can ask for a woman doctor. A girl under 18 must be examined by a woman doctor
- The “two-finger test” is banned. No doctor is allowed to do it
- For the examination used as evidence, go to a government hospital. In practice that is what the police and courts rely on
A free lawyer
- Every woman and every child is entitled to a free lawyer, whatever their income. There is nothing to prove and nothing to pay
- Others can also qualify, including people with disabilities, members of Scheduled Castes and Scheduled Tribes, and people on low incomes
- Ask at the District Legal Services Authority (DLSA) at your district court, or call the legal aid helpline on 15100
- Legal aid can also help if the police refuse to register your complaint
Compensation
- You may be able to get money from the government. It is separate from any punishment of the person who did this, and it does not depend on a conviction
- Part of it can be paid early, before the case ends
- You apply through the Legal Services Authority. They can help you with the form
- Apply as early as you can. Most schemes have a time limit, often three years
- The amount depends on what happened and on which state or territory’s scheme applies
Your name stays private
- Nobody may publish your name, photo, address, school or anything else that could identify you. This applies to newspapers, TV and social media. Doing it is a crime, and it can be reported
- Rape trials and cases involving children are heard in a closed court. The public and the press are not let in
- A child will not have to see the accused in court. An adult can ask the court for arrangements, such as a screen or a video link, so that she does not have to face the accused
Who these rights apply to
The rights on this page apply in full to women and to everyone under 18. If you are a man or a transgender adult, some of them work differently. Call 15100 and ask what applies to you.
Where this comes from
For lawyers and counsellors checking this page.
| Point | Source |
|---|---|
| Free treatment at all hospitals; hospital informs police | Bharatiya Nagarik Suraksha Sanhita 2023, s. 397 |
| Refusing treatment is an offence | Bharatiya Nyaya Sanhita 2023, s. 200 |
| Consent to examination | BNSS s. 184; Ministry of Health and Family Welfare guidelines, 2014 |
| Woman doctor for a girl child | POCSO Act s. 27 |
| Two-finger test | State of Jharkhand v Shailendra Kumar Rai, Supreme Court, 2022 |
| Free legal aid for women and children | Legal Services Authorities Act 1987, s. 12 |
| Compensation | BNSS s. 396; NALSA Compensation Scheme for Women Victims 2018; POCSO Act s. 33(8) and POCSO Rules 2020 |
| Identity not to be published | BNS s. 72; POCSO Act s. 23 |
| Closed hearings | BNSS s. 366; POCSO Act s. 37 |
| Not exposed to the accused | POCSO Act s. 36; BNSS s. 308 (under 18); Sakshi v Union of India, Supreme Court, 2004 |
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