What is the right to freedom of speech and expression? What are the reasonable restrictions ?

 Why is it in the news?

1. The Supreme Court on 28th March 2025 held that the fundamental right to free speech through poetry, theatre, stand up comedy and satire must be cherished.

2. The court said that reasonable restrictions on free speech must remain reasonable. Restrictions cannot be harmful or oppressive. Restriction cannot overshadow the fundamental right to free speech. It said that free speech was an integral part of a healthy and civilised society. A person’s view cannot be silenced because the majority does not like the sound of them.  

3. The Supreme Court held that the law enforcement authorities and courts must employ the standards of reasonable strong minded firm and courageous minds and not weak and vacillating ones who scent danger in every hostile point of view before initiating criminal action against freedom of expression. 

4. The top court highlighted that the police and the government have a duty to uphold and honour individual right to speech and expression. Thus, the court cancelled an FIR against a Congress MP under section 196 of Bhartiya Nyaya Samhita alleging to create animosity or hatred among different communities. 

What is the right to freedom as the fundamental right?

1.The right to freedom comes under article 19, 20, 21 and 22 of our constitution. Article 19 guarantees to all the citizens six rights. These are: 

• Right to freedom of speech and expression

• Right to assemble peacefully and without arms

• Right to form associations or unions or cooperative societies.

• Right to move freely throughout the territory of India

• Right to reside and settle in any part of the territory of India.

• Right to practice any profession or to carry on any occupation, trade or business.

In addition, article 19 also contained the right to acquire, hold or dispose of property. But this right was deleted  by the 44th amendment act of 1978.

2.It should be noted that these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations. Further, these rights are protected only against state action and not private individuals. Moreover, these rights are subject to reasonable restrictions. 

3. Article 20 grants protection against arbitrary punishment to an accused whether citizen or foreigner or legal person like company or corporation. Thus, it saves from double jeopardy, self-incrimination and punishment from retrospective effects. 

4. Article 21 declares that no person shall be deprived of his/her life or personal liberty except according to procedure established by law. This right is available to citizens and non-citizens. 

5. In Maneka Gandhi Vs Union of India (1978), the Supreme Court expanded the scope of right to life and personal liberty. It held that the right to life and personal liberty of a person can be deprived by law provided the procedure prescribed by that law is reasonable, fair, just and not arbitrary, fanciful or oppressive. The procedure should confirm the principle of natural justice. Thus, protection under article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action. The Court further held that the right to life under article 21 is not merely confined to animal existence or survival but it includes the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living. 

6. Article 22 grants protection against arbitrary arrest. The detenu must be informed of the grounds of arrest. He should have the right to consult and get defended by the legal practitioner. He must be produced before the magistrate within 24 hours excluding the journey time. He must be released within 24 hours unless the magistrate authorises further detention. The second part of the article contains preventive detention whereby any person can be detained for three months without producing before the magistrate. The detention period can be increased further after the endorsement of two member committees of High Court judges up to one year. Parliament has the power to extend the period of detention indefinitely. But this preventive detention provision is not self executory. Parliament will have to pass separate laws to enforce preventive detention. For example, it passed the National Security Act (NSA), Maintenance of Internal Security Act (MISA), Unlawful Activities Prevention Act (UAPA) etc. 

What is the right to freedom of speech and expression?

1. It means that every citizen has the right to express his/her views, opinions, beliefs and convictions by words, writing, painting, signs, engraving or in any other manner. 

2. According to Supreme Court, the freedom of speech and expression include : 

• Freedom of the press

• Freedom of commercial advertisement 

• Right to telecast

• Right to propagate one's view

• Right against tapping of telephoning conversation

• Right against Bandh called by political party

• Right to know about government activity

• Right against imposition of pre censorship of newspaper

• Right to demonstration and picketing but not right to strike

• Right of voters to know the antecedents of the candidates contesting elections.

• Right to choose medium of instruction at the primary level

• Right to express gender identity

• Right to reply the criticism

• Right to post informational videos on the internet and social media

• Right of film makers to exhibit their films

• Right to have access to the internet to disseminate information

• Right to the freedom of silence 

What are the reasonable restrictions?

1. Right to freedom of speech and expression is subject to reasonable restrictions. They are not absolute. While in the USA, courts determine what constitutes reasonable restriction on the fundamental rights to freedom of speech and expression on a case to case basis. 

2.Our constitution has explicit provision with regard to reasonable restrictions and so the state can impose restrictions upon the right to freedom of speech and expression on the following grounds. These are 

• Sovereignty and integrity of India

• Security of the state

• Friendly relations with foreign states

• Public order

• Decency and morality

• Contempt of court

• Defamation

• Incitement to an offence

The role of the Supreme Court to uphold the right to the freedom of speech and expression.

1. The Supreme Court of India acted as a bulwark to safeguard the right to freedom of speech and expression by delivering various judgements. These are : 

• Romesh Thapar vs State of Madras (1950), the court held that freedom of speech and expression is essential for democracy. The ban on the entry and circulation of a magazine was struck down as unconstitutional.

• In the case of Shreya Singhal vs Union of India, the Supreme Court struck down section 66 A of the Information Technology Act as unconstitutional because it was vague and violated free speech. 

• In the Maneka Gandhi vs Union of India (1978), the Court broadened the interpretation of personal liberty to include freedom of speech. 

• In the case of Indian Express newspapers vs Union of India (1985), the Supreme Court ruled that freedom of the press is implicit in the article 19 (1) a, thereby strengthening economic independence of the press. 

• In the case of S Rangrajan vs P Jagjivan Ram, the Supreme Court held that freedom of speech cannot be suppressed merely because the views are unpalatable to somebody. It asserted that there must be a direct connection between the speech and public disorder.

• In the case of Anuradha Basin vs Union of India (2020), the Supreme Court held that freedom of speech  through the internet is a fundamental right and that any curtailment must follow proportionality. It establishes that indefinite suspension of internet services violates free speech. 

2. According to DD Basu, The Supreme Court has held that in examining the reasonableness of the statutory provision, whether it violated the fundamental rights guaranteed under article 19, one has to keep in mind: 

• The Directive Principles of State Policy 

• Restrictions must not be arbitrary or of an excessive nature, going beyond the requirement of the interest of the general public. 

• No abstract or general pattern to judge the reasonableness of the restrictions can be laid down so as to be of universal application and the same will vary from case to case as also with regard to changing conditions, values of human life, social philosophy of the constitution, prevailing conditions and surrounding circumstances. 

• A just balance has to be struck between the restriction imposed and social control envisaged by the article 19 (6) [Article 19 (6) stipulates that a state can make rules with regard to professional and technical qualification necessary for practicing any profession or carrying on any occupation, trade or business). Secondly, the state can also carry on trade, business, industry or service  to the complete or partial exclusion of citizens.] 

• Prevailing social values as also social needs which are intended to be satisfied by the restrictions.

• There must be a direct and proximate nexus or reasonable connection between the restriction imposed and the objects sought to be achieved by the Act, that being so strong presumption in favour of the constitutionality of the Act will naturally arise. 

• Thus, the question of reasonableness should be determined from both the substantive and procedural stand points. In order to be reasonable, the restriction must not be greater than the mischief to be prevented. Legislation which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness. Secondly, in order to be reasonable the procedure or manner of imposition of the restriction must also be fair and just. Thus, if a restriction is imposed in a manner which violates the principle of natural justice, it would be called unreasonable restriction. 

Ways Forward 

1. To ensure a robust freedom of speech and expression in India it is essential to address both legal and societal challenges. These are 

• Decriminalising defamation - while criminal defamation should be abolished, civil defamation should continue to balance protection to reputation without curbing freedom of speech and expression. 

• A firm guidelines on arbitrary internet shutdown should be issued. A parliamentary committee should oversee and monitor shutdowns.

• Implementing data protection law with secure digital freedom and prevention of surveillance. 

• Promoting tolerance and inclusivity through making people aware of constitutional rights and respectful dissent.

• Hate speech delivered by politicians must be dealt with.

• A permanent parliamentary committee should be formed to assess the misuse of the right to freedom of speech and expression.

• India should borrow best practices with regard to freedom of speech and expression from developed countries of the world. 

Conclusion

1. There is a need to balance individual rights with societal harmony. 

2. Social control is necessary, otherwise, the unbridled freedom of speech and expression would lead to anarchy and security threat to India. 

3. To sum up , the right to freedom of speech and expression is the cornerstone of a vibrant democracy. 

How Earthquakes occur? How to mitigate the devastation caused by Earthquake.

 Why is it in the news? 

1. Myanmar witnessed the earthquake on the 28th March 2025. It had a magnitude of 7.7 at Richter scale followed by 6.7 magnitude aftershock. The epicentre of the Earthquake was 11 miles away from the second largest city of Myanmar, Mandalay, having a population of 17 lakh people. 

2. The Earthquake killed more than 1666 people and more than 3400 people were injured. 139 people are believed to be missing. Its effect was also felt in the far flung Bangkok, a city in Thailand where more than 10 deaths have been reported. It is believed that more than 10 thousand people would have been killed only in Myanmar. The exact data would come to light when debris is excavated and rescue operations are completed. 

3. The earthquake destroyed buildings, drowned bridges and buckled roads across Myanmar with massive destruction in the city of Mandalay. 

4. The Government of India launched operation Brahma to provide humanitarian assistance to earthquake affected people. India has dispatched search and rescue teams to Myanmar. The Indian air force carried relief materials to Myanmar. India would also set up a field hospital in the quack hit region.  

5. The US, China and other countries also extended help to the quack hit people of Myanmar. 

6.It should be noted that more than 20 lakh Indians are living in Myanmar. No casualty of any Indian citizen working in the country has been reported so far. Myanmar needs more help from foreign countries. It is a poor country, having low resources. The rehabilitation of the affected people by the Government of Myanmar itself is beyond its capacity, looking into the magnitude of disasters caused by earthquakes. 

Structure of the Earth? 

1. In order to understand the causes for the occurrences of the earthquake, it is essential to understand the structure of the Earth. 

2. The structure of the Earth consists of four layers. These are crust, mantle, outer core and inner core. Crust has a thickness of 5 km in the Ocean and about 70 km in the Continent.

3. The Continental crust is composed mostly of granite while the oceanic crust is composed mostly of basalt. 

4. Mantle has a thickness of 2900 km. It is composed mostly of magnesium and iron. It has two layers- the upper mantle consists of a lithosphere which is rigid and an asthenosphere which is semi-fluid. Lower mantle is more rigid due to high pressure. The temperature ranges from about 500°C near the crust to 4000°C near the core. The difference between the temperatures creates convection currents in the mantle, thereby, driving plate tectonics. 

5. Outer core has a thickness of 2200 km and is composed of liquid iron and nickel. Its temperature varies between 4000°C to 5700°C. The movement of liquid matter generates the Earth’s magnetic field. The inner core has a thickness of 1220 km. It is composed of solid, iron and nickel. Its temperature goes to 600°C. Despite high temperatures , intense pressure keeps the inner core solid.    

Lithosphere 

1. It is composed of the crust and the uppermost part of the mantle. It is solid and brittle in nature and is divided into large rigid pieces called tectonic plates. Its thickness varies from 100 km beneath the oceans and 200 km under continents.  

2. Lithosphere is solid and rigid compared to the underlying asthenosphere which is semi-fluid. Because of the semi-fluid asthenosphere and convection currents, the lithosphere moves. Lithosphere is broken into several tectonic plates. The interactions between lithospheric (tectonic) plates cause earthquakes, volcanic activity, high mountain and ocean tanks formation. 

3. There are seven major lithospheric (tectonic) plates in the world. These are Pacific, North American, South American, African, Eurasian, Antarctic, Indo Australian plates. 

4. Apart from major tectonic plates, there are various minor tectonic plates like Arabian (Arabian peninsula), Caribbean (between North and South America), Cocos (Off the West Coast of Central America), Nazca (Off the West Coast of South America), Philippines Sea plate (East of Philippines), Scotia plate (situated between South America and Antarctica), Juan de fuca plate (Off the Pacific Northwest Coast of North America), Indian (Part of Indo-Australian plate), Somali (along the East African rift), Caroline (Western Pacific Ocean), Okhotsk (part of the North West Pacific including parts of Russia and Japan), Yangtze (parts of China), Amurian (Eastern Asia including parts of Russia and China), Sunda (includes parts of SouthEast Asia, Java, Sumatra and Borneo bounded by Eurasian, Australian, Philippine and Indian Plates). These plates interact with the major plates causing earthquakes, volcanic eruptions and the formation of mountain ranges.  

How Earthquakes occur?

1.  Movement of the plates -  The tectonic plates move continuously towards each other. If one tectonic plate crashes another plate it is called convergent boundary. The heavier plate is subducted below the lighter plate, thereby, causing release of energy and therefore, the trembling of earth called earthquake. When two tectonic plates move apart it is called divergent boundary. It causes a fault line and this fault line releases energy on account of stress on the Earth’s crust leading to earthquakes. 

Thirdly, when one tectonic plate slides past another tectonic plate,it is called the transform boundary. And if some part of the plate is struck with another part of the plate, it leads to the shaking of the earth. The earthquake in Syria and Turkey in 2023 was caused by the sliding past one plate by another plate. 

2. Earthquakes are also caused by volcanoes in areas having crustal weaknesses. 

3. In the areas of intense mining activities, roofs of the underground mines collapse causing minor tremors. 

4. Nuclear explosion and implosion further cause earthquakes. 

5. It is also caused where large dams or reservoirs have been built. 

Why did the Earthquake occur in Myanmar on 28th March 2025?

1. The epicentre of the earthquake was at Sagaing fault line. It is a right lateral strike slip fault in Myanmar where the primary movement is horizontal. It means the blocks of the earth crust move side by side and parallel to the faultline rather than up or down. The displacement is caused by shearing forces. 

It runs in a north-south direction and is approximately 1200 km long. This fault line forms the boundary between the Burma microplate, the part of Sunda plate and the Eurasian plate. It accommodates the northward movement of the Indian plate relative to the Sunda plate. The tectonic interactions result in significant stress accumulation along the faultline. When this stress exceeds the frictional resistance along the fault, it releases seismic energy causing an earthquake. 

Distribution of Earthquake prone zones of the earth

1. Circum Pacific seismic belt - Also called ring of fire along the pacific ocean rim having more than 81% earthquakes.  

2. Alpine continental belt - It stretches from Europe to Sumatra via the Mediterranean , the Himalayas and into the Atlantic Ocean. This belt accounts for about 17% of the world’s earthquakes. 

3. Mid Atlantic Ridge - A divergent plate boundary called the mid Atlantic ridge is mostly underwater. 

Distribution of Earthquake prone zones in India

India has been divided into four seismic zones : 

1. Zone V consists of parts of Kashmir Valley, Western Part of Himachal Pradesh, Eastern Part of Uttrakhand, Kutch in Gujarat, Part of Northern Bihar, all North Eastern States and Andaman Nicobar islands. 

2. Zone IV consists of Ladakh, remaining parts of J & K, Himachal Pradesh and Uttarakhand, Delhi, some parts of Haryana, Punjab, Sikkim, Northern Parts of Uttar Pradesh , Bihar ,West Bengal, some parts of Gujarat, Maharashtra and Western Rajasthan. 

3.Zone III includes states of Kerala, Goa, Lakshadweep islands, parts of Uttar Pradesh and Haryana, remaining parts of Gujarat and Punjab, parts of West Bengal, Western Rajasthan, Madhya Pradesh, remaining part of Bihar, Northern Part of Jharkhand and Chhattisgarh, parts of Maharashtra, Odisha, Andhra Pradesh, Telangana, Tamil Nadu and Karnataka. 

4. Zone II includes the remaining parts of Rajasthan, Uttar Pradesh, Gujarat, Haryana, Madhya Pradesh, Maharashtra, Odisha, Andhra Pradesh, Telangana, Karnataka and Tamil Nadu. 

5. Approximately, 11% area of the country falls under Zone V, 18% in Zone IV, 30% in Zone III and the remaining in Zone II. Thus, a total 59% of the landmass of India is prone to earthquakes of different intensities.  

Effects of Earthquakes   

1.  Tremors of grounds 

2. Landslides and mudslides

3. Soil liquefaction

4. Ground Displacement

5. Floods from dam failure

6. Structure collapse

7. Tsunami

8. Falling objects/skyscrapers  

9. Fire

10. Differential ground settlement

11. Avalanches

How to mitigate devastation caused by earthquakes?

1. Earthquake resistance construction - Houses/ buildings should be constructed in such a way that they can withstand seismic forces. 

2. Implementing and enforcing strict building codes that require earthquake resistant design.

3. Site selection and foundation - Avoiding building on loose soils or clay that can amplify seismic waves. Avoiding construction near fault lines, unstable soils and areas prone to liquefaction. 

4. Early warning system through television, radio and mobile alerts so that people can take protective measures. 

5. Rapid response and recovery - Quick response and mobilising the resources can save lives trapped in debris. 

6. Preparedness - rescue and quick response teams should be prepared in advance. These teams should be regularly trained. Ensuring essential services like hospitals, emergency response centres and utilities to respond to the disaster.   

7. Public education - Educating communities about the earthquake risks can reduce panic and improve response during the disaster. 

8. International cooperation and research - Sharing knowledge, technology and resources with neighbouring countries and international organisations for reduction of earthquake risk. 

9. Research and innovation - Investing in research to improve understanding with regard to seismic hazards and developing new technologies for earthquake resistant construction. 

10. Retrofitting - Strengthening existing buildings and infrastructure to improve their ability to withstand earthquakes.  

11.Implementing land use policies that restrict development in high risk areas and promote open spaces that can serve as evacuation zones. 

12. Continuously updating maps pointing out seismic hazards to guide urban planning and infrastructure development. 

Conclusion

1. Earthquakes cannot be prevented because they are natural calamities. But systematic earthquake resistant construction designs and preparedness in advance can go a long way in mitigating the devastation caused by the earthquake disaster.    

2. The quick response in evacuating the quake hit areas and removal of debris to save people trapped therein would further reduce the magnitude of disaster. 

3. The international help and coordination between different agencies would further help in speedy rehabilitation of quack hit people.

What is the definition of Rape in India? Why convictions in rape cases are so much poor in India?

Why is it in the news?

1. The Supreme Court of India stayed on 26th March 2025, the Allahabad High Court judgement of March 17th which concluded that mere grabbing the breast of a minor victim, breaking the string of her payjama to bring down her lower garment are not sufficient to constitute an offence of attempt to rape. The Supreme Court took Suo motu cognizance of the judgement. 

2. In the instant case, the alleged incident occurred on 10th November 2021 in the Kasganj District of UP. A minor girl was forcibly taken away beneath the culvert. She was grabbed by her breast. The accused broke the string of her pyjama. The girl screamed and shouted for help. The passerby came to her rescue and so both the accused fled away from the scene of crime.  

3.The mother of the victim filed an application before the special judge, POCSO Act  Kasganj District. The special judge registered the application. After recording the statements the special judge issued a summon to the accused. The accused filed a revision petition before the High Court, Allahabad against the summons order. 

What is the definition of rape?

1. According to section 63 of Bhartiya Nyay Samhita, a man is said to commit a rape if he -

• Penetrates his penis to an extent into the vagina, mouth, urethra or anus of a woman or makes her do so with him or any other person or 

• Inserts to any extent any object or a part of the body into the vagina, urethra or anus of woman or makes her do so with him or any other person or 

• Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of her body or makes her do so with him or any other person or 

• Applies his mouth to the vagina, anus or urethra of a woman or makes her do so with him or any other person or 

2.These above acts constitute rape under the following circumstances -

• Against her will. It means that a sexual act has been performed in direct opposition to the woman’s conscious desire or intention. It implies active resistance, refusal and an absence of willingness on her part. For example, a man grabs a woman in a lonely place. He forces her to the ground and forcibly penetrates her vagina while she has been screaming and tries to push him away. This act of woman demonstrates her unwillingness and so her opposition is clear and against her will. During the medical examination, it may be possible that struggle marks or bruises may be found on the body of the victim. 

• Without her consent. It means absence of her voluntary agreement, no resistance is required, silence is not consent. For example, if a woman has been intoxicated and she is raped by penetration into her vagina either by penis or by objects, this consent is not consent because of her unconsiousness.  

• With consent when it is obtained under fear of death or hurt or injury to the person in which she is interested. 

• When consent is given under a misconception of fact, that is, when a woman believes the man is her husband who is not actually her husband.

• When the woman is unable to understand the nature and consequences of the act due to intoxication, unsoundness of mind or any other reason. 

• With or without consent if a woman is under 18 years of age. 

Exception : 

• A medical procedure or intervention does not constitute rape. 

• Sexual intercourse or sexual acts by a man with his own wife where the wife is not under 18 years of age is not rape. For example, if a man forces a 20 year old wife to have sexual intercourse against her will. This would not constitute a rape. 

3.Thus, the definition of rape of India is gender specific. It is not gender neutral. It does not recognise male or transgender as the victims of rape. It does not account for female perpetrators. 

4.The second feature of the definition of rape is that, there must be some kind of  penetration whether by penis or any body part or an object or manipulation. Thus, non-penetrative acts do not qualify as rape. But may fall under sexual harassment or assault. 

5.The third feature is consent. It must be free, voluntary and informed. Any coercion, deception, misrepresentation or incapacity negate consent. 

6.The fourth feature is age. If a girl is below 18 years of age, her consent is illegal and so it would be construte as rape.    

7.The fifth feature is the enhancement of punishment for gang rape of a woman or a minor girl below 12 years and the punishment extends to not less than 20 years which may extend to life and a fine.  

8. Similarly, rape of a woman by a police officer, a public servant under his custody, security forces, incharge of the management of jail or remand home, hospital, a teacher, a guardian or a relative of a woman or a person under whose control or dominance a woman is raped have to be enhanced punishment extending to imprisonment for life. In case, the death is caused to the raped woman, the accused would be punished with the rigorous punishment which shall not be less than 20 years and which may extend to imprisonment for life or with death. 

What is the attempted rape?

1. Attempted rape means that a person takes all steps towards raping a woman but the act is not complete due to interruption, resistance or help extended by passerby after hearing the screaming or shouting of the victim. 

2. Section 62 explicitly states that whoever attempts to commit an offence punishable by this samhita with imprisonment for life or imprisonment or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this samhita for the punishment for such attempt, be punished with imprisonment of any description provided for the offence for a term which may extend to one half of the imprisonment for life or as the case may be, one half of the longest term of imprisonment provided for that offence or with such fine as provided for the offence or with both. Thus, offence of rape shall be punished with imprisonment of either description for a term not less than one half of the minimum punishment prescribed for rape and up to one half of the maximum punishment or with fine or both. Thus, an attempt to rape carries a punishment for not less than five years or up to seven years plus a fine. 

3. To constitute an attempt to rape, three elements must be proved : 

• Intentions - The accused must have the clear intend to commit rape.

• The accused must perform an overt act that goes beyond near preparation and directly moves towards committing rape. 

• The rape must not be completed due to certain external factors like escape of the victim girl/woman, interuption by woman/girl, voluntary withdrawal of the accused from the scene of crime without accomplishing the act or help by passerby. For example, a man drags a woman into a lonely place, tears her clothes and under garments and attempts to penetrate her vagina with his penis. She screams and shouts. Passerby people intervene and extend help to the victim woman. Thus, the intention of the rape is clear by the act of dragging or tearing clothes of victim. The Act goes beyond preparation. The rape is incomplete due to intruption. 

Secondly, a woman is lured by a man to his house and then he locks her inside the room and forces her to lie down on the bed. He starts unclothing her. The woman escapes from the window. This is a clear cut case of attempted rape.   

4. It should be noted that mere preparation to commit rape does not amount to punishable offence. It should be noted that the court uses the proximity rule to distinguish attempt from preparation. In the State of Maharashtra vs Mohammad Yakub (1980), attempt begins where preparation ends. In order to prove the attempt , the prosecution must establish that it has gone beyond the stage of preparation. 

Moreover, under section 120 of the BSA (Bhartiya Sakhya Adhiniyam), the court will presume that the victim did not consent if she tells the court that she did not consent to the sexual intercourse. Thus, the accused has the burden of proof to prove that he is innocent by providing credible evidence like prior relationship or explicit agreement to rebut the presumption.   

How the investigation of rape is conducted?

1. When a rape incident occurs, either the rape victim or her relative or someone on her behalf can lodge FIR under section 173 of BNSS (Bhartiya Nyay Suraksha Samhita). 

• If the crime has occurred outside the jurisdiction of a police station, an FIR under zero can be filed at the police station and then subsequently is transferred to the police station having the appropriate jurisdiction. 

• The identity of the victim must be protected under section 72 of the BNS, thereby, prohibiting public disclosure of her name or details. The investigating officer assigns a unique number to the victim and begins investigation by taking her statement and witnesses (if any) and proceeds to the scene of crime.

• Since, the rape is a cognizable offence, its non-registration would attract disciplinary proceedings against the erring police officer. The investigating officer inspect the scene of crime, collect physical evidence like semen, blood, hair, clothing and take photographs of the scene of crime depicting the sign of struggle (if any).   The visit of the scene of the crime must be done promptly to preserve evidence. Any delay would cause disappearance of evidence. The investigating officer must accompany a forensic expert for proper collection, sealing and labelling of evidence in tamper proof containers. 

• The victim must be taken to a registered medical practitioner for medical examination within 24 hours of the registration of FIR. However, the consent of the victim must be taken before examining her body. When consent is obtained, the doctor would examine the private part, injuries (if any), traces of semen, signs of struggle like bruises or scratches on her body. The doctor would also collect samples like vaginal swabs, nail scrapings and blood for intoxication tests. It is necessary that a female doctor conducts the above examination. It should be noted that the invasive two finger test has been prohibited to determine virginity or sexual history of the victim by the Supreme Court in the case of Lillu vs State of Haryana in 2013 as it violates the dignity of woman/girl and is irrelevant to consent. 

• The female police officer must be present during the examination of the victim girl/woman. The investigating officer collects clothes, weapons and objects used in the crime. He also collects CCTV footage, call records of victims and accused and relevant messages. 

• If the accused is identified the police will arrest him without a warrant. The accused is medically examined to collect evidence like semen, DNA, injuries from resistance, the medical examination can be done forcibly if he refuses. The investigating officer records the statement of the accused. But confession made by the accused to a police officer is not admissible in the court of law unless recorded before a magistrate under section 186 of BNSS.   

• Once the investigation is completed, the charge sheet is prepared, supporting the allegations and it is produced in the court of jurisdiction within 90 days of the arrest of the accused where the offence is punishable with death, imprisonment for life or imprisonment for a term of ten years and in other cases 60 days. On the expiry of the said period of 90 days or 60 days as the case may be the accused person shall be released on failure if he is prepared to furnish bail. 

• The magistrate reviews the charge sheet and frames charges under section 246 of the BNSS. The case is then committed to a session court.  According to section 193 (3) (1) of BNSS, the investigation must be completed within two months for rape cases involving minors. According to section 24 (3) of BNSS, a female police officer should preferably investigate rape cases ensuring insensitivity. 

Why convictions in rape is so poor in India?

1. The conviction rate for rape cases in India hovers around 27-28% according to NCRB in 2018-2022. The rate of conviction is poor in India when compared with the UK (60.2%), Canada (42%). This is because several factors : 

• The judge to population ratio in India is 21 per million against 120 per million in the United States.

• Prolonged trials in India cause evidence degradation, witness fatigue and victims turning hostile under pressure. 

• Police in India is very much overburdened so much so that only 151 police personnel are available for 1 lakh people according to NCRB, 2021 compared to 225 policemen available per one lakh in the UK.

• India has fewer forensic labs causing delays in DNA analysis and examination of physical and biological evidence.

• Because of cultural stigma, most of the rape victims either withdraw complaints or become hostile during trial under pressure from the powerful family of the accused. This results into 90% of rape acquitals on account of reluctance of rape victim during trials. Moreover, witnesses also turn hostile during trial under pressure from the accused party. Since, most of the rape cases involve close relatives, the pressure is mounted upon the rape victim resulting into her being hostile during trial. 

• Delayed reporting of the rape cases further destroys evidence. 

• Under section 120 of BSA, it is presumed that there is no consent if the victim has not consented but this lack of consent is not absolute in the court for want of corroborative evidence from struggle marks on the scene of crime, injuries on the body of the victim and statements of witnesses.     

How convictions in rape can be raised in India?

1. Improving sensitisation of police personnels with regard to rape cases. 

2. Increasing forensic science laboratories (FSLs) from the present 40 to 100 equipping them with DNA sequencing tools and enforcing a 30 day report deadline. 

3. Ensuring the completion of trial in rape cases within 60 days by activating all fast track special courts. 

4. Increasing the number of judges from 21 to 50 per million. 

5. Providing mobile medical units in rural areas. 

6. Offering legal aid, counselling and witness protection in every district.

7. Swift compensation to victim/girl/woman. 

8. Installation of CCTV networks in cities and kasba. 

9. Launching awareness campaigns to educate youths.

10. Formation of woman safety committees which are to be linked to police helplines. 

11. Swift disposal of cases in the court because strong justice delivery reduces the incidence of the rape cases. 

Ways forward

Systematic modernisation of police infrastructure, scaling up of fast track courts. Increasing forensic capacity, strengthening victim support, shifting societal attitudes with regard to rape cases, liveraging technology, data collections and crime mapping, ensuring witness protection and forming woman safety committees at work places and otherwise would go a long way in increasing the conviction rates in rape cases and thereby, mitigating the occurrances of rape in India. 

Conclusion

It has been observed that most of the rape cases in India are committed by close relatives, guardians, friends and acquaintances. The new provision under section 64 provides for enhanced punishments for accused who are a relative or guardian or a teacher or a person in a position of trust and authority or in a position of control or dominance over a woman.  Similarly, under section 65, the rape on a minor girl attracts enhanced punishment which may extend to life imprisonment. Similarly, under section 69, sexual intercourse by making a false promise to marry a woman has been clearly described in the BNS and provides for 10 years punishment. 

To sum up, the new provisions from section 63 to 72 under BNS would be very much effective in controlling and mitigating the incidences of rape cases in India.