Rape Case Lawyer in Gurgaon
Sexual offence allegations under Sections 63 and 64 of the Bharatiya Nyaya Sanhita are among the most serious a person can face, carrying severe punishment and lasting consequences. Whether you are a complainant seeking justice or an accused person seeking a fair defence, experienced legal representation from the outset is essential.
Call +91 82954 13475Cases under the Bharatiya Nyaya Sanhita's sexual offence provisions move quickly, involve sensitive evidence, and carry consequences that extend far beyond the courtroom. Advocate Rajat Kadyan handles these matters with the discretion, procedural precision, and courtroom seriousness they demand — for complainants seeking to pursue a case properly through the system, and for accused individuals entitled to a fair, rigorously argued defence.
The Legal Framework
Sections 63 and 64, BNS
Section 63 of the Bharatiya Nyaya Sanhita defines the offence, replacing the erstwhile Section 375 of the IPC, and Section 64 prescribes punishment, which can extend to life imprisonment depending on the circumstances of the case. Aggravated circumstances under Section 64(2) — involving public servants, persons in positions of trust, or repeat offences — carry enhanced minimum sentences.
Investigation and trial procedure
These matters are investigated by specialised units and, in many cases, tried before Fast Track Special Courts designed to expedite proceedings. Evidence typically includes the complainant's statement recorded under Section 183 BNSS before a Magistrate, forensic and medical evidence, and call detail records — each of which requires careful, technically sound handling by counsel on both sides.
Bail in sexual offence matters
Bail is not a right in these non-bailable offences and is granted only at the court's discretion after weighing the evidence, the accused's background, and the risk of tampering with witnesses or evidence. A well-prepared anticipatory or regular bail application, addressing these factors directly, materially affects the outcome.
Legal Services in Sexual Offence Matters
- Complainant representation: assistance filing an FIR, recording a statement correctly, and pursuing the case through investigation and trial.
- Defence representation: a rigorous, evidence-based defence for accused individuals, including scrutiny of the prosecution's evidence and procedure.
- Bail applications: anticipatory and regular bail applications prepared with careful attention to the factors courts weigh in these matters.
- Trial representation: full representation through examination of witnesses, forensic evidence, and final arguments before Sessions and Fast Track Courts.
- Appeals: representation before the Punjab & Haryana High Court where a trial court decision needs to be challenged.
- Confidential handling of every matter, recognising the sensitivity involved for all parties.
Rape Case Lawyer FAQ — Gurgaon
Is bail available in these cases?
Bail is discretionary, not automatic, in non-bailable offences of this nature. Courts consider the evidence, the accused's background, and witness-tampering risk — a carefully prepared application significantly affects the outcome.
How long does a trial typically take?
Fast Track Special Courts are designed to expedite these matters, though actual timelines vary with case complexity and court load — we give clients a realistic estimate after reviewing the specifics.
What happens at the complainant's statement stage?
The complainant's statement is recorded under Section 183 BNSS before a Magistrate, a critical evidentiary step that both sides prepare for carefully.
Is my identity protected as a complainant?
Indian law restricts disclosure of a complainant's identity in these matters, and we take additional steps to protect client confidentiality throughout the process.
Confidential consultation, available 24/7.
Speak with us discreetly about your situation — no judgment, just clear legal guidance.
Call +91 82954 13475