Sexual-assault medical care in India: consent, privacy and evidence rights

A survivor-centred guide to urgent treatment, informed consent, respectful medico-legal care, evidence choices, child and disability safeguards and support after sexual assault.

In this guide

Medical care comes before a perfect account

After sexual assault, a survivor may be injured, frightened, unsure about reporting or unable to remember every detail. She can seek emergency care and ask questions without first proving what happened to a family, police officer or hospital crowd.

Move to safety and call for help

If the attacker is nearby, there is serious injury, a weapon, confinement or imminent danger, move toward a staffed place and call 112 when safe. Do not return to a risky location for evidence.

Sources for this point: Emergency Response Support System 112

Ask for a private clinical conversation

Request a qualified clinician, interpreter, disability access and a support person of the survivor’s choice where available. A partner or relative should not answer every question by default.

Consent is required for the examination

The BNSS provides that a rape examination is conducted with the woman’s consent or the consent of a competent person in defined situations. The clinician should explain the purpose and record consent; an examination without consent is not made lawful by a police request.

Sources for this point: Bharatiya Nagarik Suraksha Sanhita, 2023

Treatment is not conditional on reporting

Ask the hospital about urgent treatment, medicines, injury care, sexual-health care, pregnancy concerns, mental-health support and follow-up. A survivor can ask what will be recorded before deciding the next legal step.

Sources for this point: Guidelines for medico-legal care for survivors and victims of sexual violence

Do not blame clothing, relationship or delay

Past sexual history, marriage, work, intoxication, clothing, silence or a delayed visit do not make an assault acceptable. The survivor’s dignity and care remain central.

Respectful medico-legal examination

The Ministry of Health and Family Welfare guidelines emphasise consent, privacy, dignity and survivor-centred care. The Ministry of Home Affairs has circulated the Supreme Court direction that the two-finger test must not be used.

Ask what each procedure is for

A clinician should explain examination, samples, treatment, photographs, referrals, risks and alternatives in a language and format the survivor understands. She can ask for time or clarification.

Sources for this point: Guidelines for medico-legal care for survivors and victims of sexual violence

The two-finger test is not permitted

MHA’s advisory says the two-finger or per vaginum test is not a prescribed procedure for examining survivors of sexual assault and rape. A provider should not use it to comment on sexual history or credibility.

Sources for this point: MHA advisory implementing the Supreme Court direction against the two-finger test

Past sexual history is not a consent test

A survivor’s earlier relationships or sexual experiences do not prove consent to the alleged assault. Medical notes should describe relevant clinical facts, not moral judgements.

Sources for this point: Guidelines for medico-legal care for survivors and victims of sexual violence

Ask for a copy or access route

Request the medical record, consent form, discharge summary, prescriptions, sample details and next appointment process. Keep copies safely and ask who can access the file.

Care can continue after the examination

Pain, injuries, pregnancy concerns, sexually transmitted infections, sleep, distress and follow-up need qualified care. This guide does not diagnose or prescribe; ask the clinician for current options.

Medical-care and consent questions
Care or procedure	What has been explained?	Consent, copy or follow-up needed
Immediate injury and treatment
Medico-legal examination or samples
Pregnancy, infection or mental-health care
Records, privacy and next appointment

Reporting and evidence choices

A survivor may report immediately, later or through a supporter, subject to specific child-protection or other legal duties. Evidence should be preserved safely and never used to force a decision.

Ask police to record the facts

A woman can describe the conduct, date, place, people and immediate danger and ask for a complaint or FIR acknowledgement. The applicable offence and process depend on the facts and current law.

Sources for this point: Bharatiya Nyaya Sanhita, 2023Bharatiya Nagarik Suraksha Sanhita, 2023

Ask for a woman-friendly contact

Women Help Desks, a woman officer, interpreter, private room and accessible communication may be available through local arrangements. Ask what the station can provide and how to escalate a refusal.

Sources for this point: Guidelines for setting up and strengthening Women Help Desks in police stations

Preserve what already exists

Keep clothing, messages, calls, location details, medical records, photographs and witness contacts when safe. Do not wash, collect dangerous objects or revisit a risky place solely for evidence.

Use Zero FIR or legal aid when location is disputed

If a station says the incident occurred elsewhere, ask about the current Zero FIR route and seek legal-aid support. Jurisdiction should not delay emergency care.

Sources for this point: MHA advisories on compulsory FIR registration and Zero FIRLegal Services Authorities Act, 1987Free legal services and National Legal Aid Helpline 15100

Protect intimate and child material

Do not download, forward or post sexual images. Use an official cybercrime or child-protection route and ask how material can be submitted without recirculation.

Sources for this point: National Cyber Crime Reporting PortalProtection of Children from Sexual Offences Act, 2012Child Helpline 1098

Children, disability and other access needs

Age, disability, language, caste, sexuality, migration, poverty and relationship to the accused can change the safest response. Do not make the survivor repeatedly prove vulnerability to obtain care.

A child needs a trained response

Do not investigate, ask leading questions, arrange a confrontation or promise absolute secrecy. POCSO and child-protection duties may require a report and child-sensitive care.

Sources for this point: Protection of Children from Sexual Offences Act, 2012Child Helpline 1098

Support communication access

A disabled survivor may need an interpreter, special educator, accessible room, extra time or audio-video statement arrangements. Ask the service what support is available and keep the person’s autonomy central.

Sources for this point: Rights of Persons with Disabilities Act, 2016Bharatiya Nagarik Suraksha Sanhita, 2023

Do not confuse support with incapacity

A support person can help communicate, but should not answer every question, take documents or decide treatment unless a lawful arrangement requires it. Speak directly to the survivor.

Protect against secondary stigma

A spouse, family, employer, police officer or clinician should not use caste, religion, sexuality, occupation, marital status or disability to dismiss the account or deny care.

Sources for this point: The Constitution of India (official 2024 edition)Guidelines for medico-legal care for survivors and victims of sexual violence

Use legal aid and survivor support

Legal-services authorities, NALSA, Women Helpline 181 and One Stop Centres may connect legal, medical, counselling and shelter support. Confirm local availability and a safe contact method.

Sources for this point: Legal Services Authorities Act, 1987Free legal services and National Legal Aid Helpline 15100Women Helpline 181One Stop Centre scheme

What hospitals, police and supporters must do

The burden of coordination should not fall on a survivor in pain. Institutions can protect privacy, preserve records and provide a route that does not require public storytelling.

Triage safety and treatment promptly

Ask about immediate danger, injury, pregnancy, infection, mental health, disability and safe discharge. Do not make treatment wait for a statement or payment when urgent care is needed.

Record consent and explain confidentiality

Tell the survivor what is being collected, who may receive it, how long records are kept and what a legal duty may require. Do not promise secrecy that the institution cannot provide.

Sources for this point: Guidelines for medico-legal care for survivors and victims of sexual violence

Do not use discredited tests

Train staff that the two-finger test is not permitted and that medical findings cannot decide whether a survivor consented or is telling the truth.

Sources for this point: MHA advisory implementing the Supreme Court direction against the two-finger test

Coordinate to prevent repeated retelling

Share authorised records, name one contact and explain why another interview is necessary. Do not ask the survivor to obtain dangerous evidence or publish images.

Offer a safe follow-up

Give written next steps, records access, contact details, referral and a way to report retaliation. Check whether the survivor can travel, use the phone and return to care safely.

Questions people ask

Must I have an FIR before medical care?

Emergency and respectful medical care should not wait for a perfect report. Ask the hospital about its current protocol and seek legal aid if care is refused.

Sources for this point: Guidelines for medico-legal care for survivors and victims of sexual violence

Can a hospital perform the two-finger test?

No. MHA has circulated the Supreme Court direction that the two-finger or per vaginum test is not to be undertaken as an examination procedure for survivors of sexual assault and rape.

Sources for this point: MHA advisory implementing the Supreme Court direction against the two-finger test

Can I refuse a medical or evidence procedure?

A clinician should explain the procedure and obtain consent under the applicable law. Ask what will happen if you decline, what alternatives exist and how that choice is recorded.

Sources for this point: Bharatiya Nagarik Suraksha Sanhita, 2023Guidelines for medico-legal care for survivors and victims of sexual violence

What if the survivor is unsure about reporting?

Support safety, care, privacy and information without forcing a decision. Child-protection or other legal duties may limit a supporter’s discretion; explain the limit and seek trained advice.

Sources for this point: Protection of Children from Sexual Offences Act, 2012Legal Services Authorities Act, 1987

What can a supporter say?

‘You deserve care without blame. We can ask what each procedure means, protect your privacy and records and find a safe legal or support route when you are ready.’