Rape and sexual offence cases carry the heaviest consequences in criminal law — for a complainant seeking justice, and for a person facing an allegation that can end a career and a reputation overnight. As rape and sexual offence lawyer in Gurugram, we treat these as the most serious matters we handle, and we approach them with the discretion that requires. We represent either side of a case, and never both sides of the same dispute, before the Gurgaon (Gurugram) District Court, the Punjab & Haryana High Court, and the Supreme Court of India.
What counts as rape under BNS Section 63
Section 63 of the Bharatiya Nyaya Sanhita, 2023 (which replaced Section 375 IPC) defines rape broadly — penetration, insertion, or oral contact carried out in any of several circumstances where consent is absent, coerced, or legally incapable of being given: against the woman's will, without her consent, by fear or threat, by fraud or false promise, when she cannot understand the nature of the act, or when she is under eighteen. Consent itself is defined narrowly — it must be a clear, voluntary, communicated agreement to that specific act, and the absence of physical resistance is not, by itself, consent.
Punishment under Sections 64 to 70
| Provision | What it covers | Punishment |
|---|---|---|
| Section 64(1) | Rape | Rigorous imprisonment, 10 years to life, and fine |
| Section 64(2) | Rape by a police officer, public servant, armed forces member, person in a position of trust or authority, during communal violence, or of a woman who is pregnant, disabled, or under 18 | Rigorous imprisonment, 10 years to imprisonment for the remainder of natural life, and fine |
| Section 65 | Rape of a woman under sixteen, or under twelve | Rigorous imprisonment of not less than 20 years, extendable to life, and fine; higher minimum where the victim is under twelve |
| Section 66 | Rape resulting in death or a persistent vegetative state of the victim | Rigorous imprisonment of not less than 20 years, extendable to life imprisonment or death |
| Section 70(1) & (2) | Gang rape; gang rape of a woman under eighteen | Rigorous imprisonment of 20 years to life under 70(1); life imprisonment (remainder of natural life) or death under 70(2) |
Sections 74 to 79 cover related offences — assault or use of criminal force to outrage modesty, sexual harassment, disrobing, voyeurism, stalking, and word or gesture intended to insult a woman's modesty — which often accompany a rape allegation as additional charges, or stand on their own.
Marital rape and the exception under Section 63
Section 63 carries an exception: sexual acts by a man with his own wife, where the wife is not under eighteen, are not treated as rape under this provision. This exception has been challenged before the Supreme Court on constitutional grounds, and its scope is a live and developing area of law. It does not remove liability for cruelty under Section 85 BNS, physical or sexual abuse under the Protection of Women from Domestic Violence Act, or a separate offence such as unnatural sex where the facts support one. Where a marital dispute involves an allegation of sexual violence, we work out the correct provision to invoke on the specific facts, not by assumption.
False promise of marriage cases
A significant share of rape FIRs registered in Gurgaon arise from a relationship that involved sexual relations on the understanding that marriage would follow, and later broke down. Courts distinguish two situations that look similar on the surface but are legally very different:
- A false promise made from the outset — where the man never intended to marry and used the promise only to obtain consent — can amount to rape by fraud under Section 63.
- A genuine promise that later could not be kept — because of a change of circumstances, family opposition, or a relationship that simply broke down — is ordinarily treated as a breach of promise, not rape, provided the intention was genuine when the relationship began.
The difference turns entirely on the evidence of intention at the time — messages, the conduct of both families, any engagement or wedding preparation, and the timeline of the relationship against the timeline of the complaint. This is one of the most litigated fact patterns in this area of law, both for a complainant establishing that the promise was hollow from the start, and for an accused showing that it was not.
Immediate steps after an assault
What happens in the first hours makes a material difference to the case that follows:
- Get to safety and, where medical attention is needed, seek it before anything else — call 112 or go to the nearest hospital.
- Avoid changing clothes or bathing where possible before the medical examination, since this can affect forensic evidence, though the examination and treatment proceed regardless.
- Report to the police — any police station can register a Zero FIR regardless of where the offence occurred, and it must be transferred to the correct jurisdiction without delay.
- Preserve communication — messages, call logs, and any other record connected to the incident or the relationship, without altering them.
- Get legal advice early so the FIR, the Section 183 BNSS statement, and the medical examination are handled correctly from the first step, rather than corrected later.
For a complainant
Pursuing a prosecution is exhausting, and much of the early work is procedural rather than dramatic. We assist with:
- The FIR. Getting a Zero FIR registered without jurisdictional delay where the incident occurred outside Gurgaon, and ensuring the complaint accurately reflects the facts.
- The statement under Section 183 BNSS. The victim's statement should be recorded by a woman police officer or woman officer, at her residence or a place of her choice where possible, and — where she wishes — before a Magistrate under Section 183(6), which carries more evidentiary weight than a police statement alone.
- The medical examination under Section 184 BNSS. This must happen within 24 hours of the police receiving information, by a registered medical practitioner (at a government or local-authority hospital where available), and only with the victim's consent. The report is expected to reach the investigating officer within seven days and then the Magistrate.
- Protection of identity. Publishing the identity of a rape victim without authorisation is itself an offence under Section 72 BNS; we enforce this through correspondence with police and, where needed, the court.
- Interim compensation. Under Sections 395 and 396 BNSS, a victim can seek interim compensation from the state scheme independent of, and without waiting for, a conviction.
- Keeping the investigation moving. Following up on forensic reports, witness statements, and charge-sheet timelines, and moving the court where an investigation stalls.
For a person accused
An allegation is not a conviction. Some cases are exactly what they appear to be; others arise from a relationship that soured, a family dispute, or pressure to settle a civil or matrimonial disagreement through a criminal complaint. Either way, we build a defence on the record, not on argument alone:
- The timeline of events and any delay in reporting, and what that delay does or does not indicate on the facts of the case.
- Medical and forensic evidence, and whether it is consistent with the version in the FIR and the Section 183 statement.
- Call records, messages, and other communication between the parties, which frequently form the core of a contested consent defence.
- Cross-examination of the complainant, which is legally restricted — questions about her general character or past sexual history are barred under the proviso to Section 146 of the Bharatiya Sakshya Adhiniyam, and cross-examination in these trials is conducted in-camera under Section 366 BNSS. Handling this badly damages a defence as much as it does a witness; we work within those limits, not around them.
- Where the case appears to rest on a relationship that ended or a demand that was refused, we place that context before the court as part of the record, properly and without sensation.
If a notice or a call from the police comes first, the immediate steps are: do not ignore it or evade it, do not approach the complainant or her family directly, preserve every message and call record connected to the relationship, and get an anticipatory bail application ready before an arrest becomes imminent rather than after. See also our page on regular and anticipatory bail for how Section 482 BNSS applications are argued more generally.
Bail
We contest bail in these matters on the specific material in the case diary and chargesheet, not on generalities about the offence.
- Regular bail after arrest or surrender is argued primarily on delay in reporting, the state of the investigation, consistency of the material on record, and the accused's antecedents.
- Anticipatory bail under Section 482 BNSS is available for most rape allegations, but Section 482(4) creates a statutory bar for two categories: an accusation under Section 65 BNS (rape of a woman under sixteen) and Section 70(2) BNS (gang rape of a woman under eighteen). High Courts have taken different views on how strictly that bar applies on the facts of a given case, which is precisely where the application is argued.
- Where the FIR arises from a relationship that had existed and later broke down, that history is part of the record and we present it to the court as such — not as an excuse, but as context the law recognises as relevant to bail and to trial.
Rape, POCSO, and crimes against women — which law applies
Where the complainant is under eighteen, the case ordinarily proceeds under the Protection of Children from Sexual Offences Act, 2012 rather than, or in addition to, BNS Section 63 — the two statutes are meant to be read together, with POCSO's Special Court procedure and its child-specific safeguards applying alongside the substantive BNS offence. Where the underlying dispute is one of domestic cruelty, stalking, or harassment without an allegation meeting Section 63, a different provision is usually the correct fit. Our POCSO lawyer page and crime against women page cover those situations in detail; we confirm which statute actually governs a given complaint on the facts before anything is filed.
Which court hears these cases in Gurgaon
Rape trials in Gurugram are heard by a Sessions Court designated to try such offences on a priority basis, sitting at the District Court complex in Sector 30, Gurugram. Bail applications go first to the Sessions Court and, where refused or where anticipatory bail is sought in a more serious category, to the Punjab & Haryana High Court at Chandigarh. Where the complainant is a minor, the matter is tried by the POCSO Special Court rather than the ordinary Sessions Court. Trial proceedings, including cross-examination, are conducted in-camera under Section 366 BNSS.
Why clients choose Advocate Rajat Kadyan & Associates
- The advocate you consult is the advocate who appears. We argue these matters in person, not hand them off to a junior on the hearing date — the person who reads your papers at the first consultation is the person who stands up in court.
- Reachable when it matters. Arrests happen at night and FIRs get registered on weekends. We triage genuine emergencies in a matter this serious ahead of everything else, at any hour.
- Discretion on both sides of the docket. We represent complainants pursuing a prosecution and the accused defending one — never both in the same dispute — which means we handle the procedure on either side with equal familiarity, not guesswork.
- Fees agreed in writing, before work begins. We set out what will be filed, in which court, on what ground, and what it costs, in advance, so there is no conversation about money in the middle of a bail hearing.
- Courtroom experience where these cases are actually heard. Regular appearances before the Gurgaon District & Sessions Court, the POCSO Special Court, the Punjab & Haryana High Court, and the Supreme Court of India.
Frequently asked questions
Can anticipatory bail be obtained in a rape case in Gurgaon?
In most rape cases, yes — anticipatory bail under Section 482 BNSS is available and is argued before the Sessions Court or the Punjab & Haryana High Court. It is not available where the allegation falls under Section 65 or Section 70(2) BNS, involving a victim under 16 or 18 respectively, though courts have differed on how that bar is applied to particular facts.
What happens if the complaint is false or exaggerated?
A false or exaggerated complaint is defended on the material actually on record — inconsistencies between the FIR, the Section 183 statement, and the medical evidence; the timeline; and, where relevant, the prior relationship between the parties. This is argued at the bail stage and, if the matter proceeds, at trial; it is never assumed by the court and has to be established.
Is sex on a false promise of marriage always treated as rape?
No. It depends on whether the promise was genuine when it was made. A promise made with no real intention to marry, used only to obtain consent, can amount to rape by fraud under Section 63. A genuine promise that later could not be honoured, because of a change in circumstances, is generally not rape — this distinction is decided on the specific evidence in each case.
Is marital rape an offence under BNS?
Section 63 carries an exception for a man's own wife, provided she is not under eighteen, so it is not prosecuted as rape under that section in most circumstances. The constitutional validity of this exception is currently before the Supreme Court, and other provisions — cruelty under Section 85 BNS, or remedies under the Domestic Violence Act — may still apply depending on the facts.
How long does a rape trial typically take in Gurgaon?
These are meant to be tried on a priority basis, but the actual timeline depends on the court's docket, the volume of forensic and witness evidence, and whether either side seeks adjournments. We discuss realistic timelines case by case rather than promising them in general terms.
Is the victim's identity protected during the case?
Yes. Publishing or disclosing a rape victim's identity without authorisation is an offence under Section 72 BNS, and in-camera trial proceedings under Section 366 BNSS are intended to protect her privacy through the process.
Can a case be settled or compounded?
Rape is not a compoundable offence under law, and courts do not permit it to be closed by private settlement between the parties, even where both sides wish to. Any compromise discussion needs to be handled carefully and within what the law actually allows.
What is the difference between a rape case and a POCSO case?
The dividing line is the complainant's age. Where she is under eighteen at the time of the offence, the case proceeds under the POCSO Act — tried by a Special Court, with child-specific procedural safeguards — generally read alongside the corresponding BNS provision, rather than under BNS alone.
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