Rape Trial

The inquiry and trial of a rape offence are conducted in camera i.e., not open to the public. However, the judge may allow a person to access or observe the court trial if one of the parties makes an application for the same. As far as possible, the trial is conducted by a woman judge.¹

In certain cases of rape, where sexual intercourse is proved and the survivor says she did not consent, the court legally assumes that the survivor did not consent.² Then, it is up to the accused person’s lawyer to prove, if possible, that the survivor actually consented and the sexual intercourse was consensual and not in the nature of rape.

The inquiry or trial is completed within two months from the date of filing the chargesheet.³

1. Section 366(2), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
2. Section 120, Bharatiya Sakshya Adhiniyam, 2023 [↩]
3. Proviso to Section 346(1), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]