Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.
The inquiry and trial of a rape offence is 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 judge1.
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 consent2. Then, it is up to the accused person’s lawyer to prove, if possible, that the survivor actually consented.
The inquiry or trial should be completed within two months from the date of filing the chargesheet3.0
- Section 327(2), Code of Criminal Procedure, 1973.
- Section 114A, Indian Evidence Act, 1872.
- Proviso to Section 309(1), Code of Criminal Procedure, 1973.