Rape & Sexual Offences Lawyer in Gurgaon

Sexual offence cases are the most serious matters a criminal court hears, and they are handled in this office with the gravity they deserve. Representation is offered to complainants pursuing a prosecution and to persons accused of these offences. Both roles exist because the law provides for both: a survivor has a statutory right to support, protection and compensation, and an accused person has a constitutional right under Article 22(1) to be defended by counsel of his choice. This office does not act for both sides of the same matter.

These matters are tried before the Sessions Court at Gurugram and, on appeal, before the Punjab & Haryana High Court. They are non-bailable, exclusively sessions-triable, and subject to statutory timelines that both sides need to understand.

The statutory framework

Sexual offences against women are now contained in Chapter V of the Bharatiya Nyaya Sanhita, 2023, which replaced the corresponding IPC provisions from 1 July 2024. Offences committed before that date continue to be tried under the IPC.

Provision	Offence	Punishment
Section 63 BNS	Defines rape (formerly Section 375 IPC)	—
Section 64 BNS	Punishment for rape	Rigorous imprisonment not less than 10 years, extendable to life, and fine
Section 65 BNS	Rape on a woman under 16 / under 12 years	Not less than 20 years, extendable to life; death is available where the victim is under 12
Section 66 BNS	Causing death or a persistent vegetative state	Not less than 20 years, extendable to life, or death
Section 68 BNS	Sexual intercourse by a person in a position of authority or fiduciary relationship	5 to 10 years, and fine
Section 69 BNS	Sexual intercourse by deceitful means, including a false promise of marriage	Up to 10 years, and fine
Section 70 BNS	Gang rape	Not less than 20 years, extendable to life; where the woman is under 18, life or death
Section 71 BNS	Repeat offenders	Imprisonment for life, or death
Section 72 BNS	Disclosing the identity of a victim	Up to 2 years, and fine
Section 74 BNS	Assault or criminal force with intent to outrage modesty (formerly 354 IPC)	1 to 5 years, and fine
Section 75 BNS	Sexual harassment	Up to 3 years, depending on the clause
Section 76 BNS	Assault with intent to disrobe	3 to 7 years, and fine
Section 77 BNS	Voyeurism	1 to 3 years (first conviction)
Section 78 BNS	Stalking	Up to 3 years (first conviction)

If you are a survivor: what the law gives you

A great deal of the procedure exists specifically to protect you, and it is frequently not explained at the police station. You are entitled to all of it.

• The FIR must be registered regardless of where the offence took place. A Zero FIR can be lodged at any police station and transferred. Refusal to register is itself actionable, and a complaint lies to the Superintendent of Police and thereafter to the Magistrate under Section 175(3) BNSS.
• Your statement must be recorded by a woman police officer, and for the gravest offences it is to be video-recorded. Under Section 183 BNSS your statement before the Magistrate is to be recorded by a woman Magistrate wherever practicable.
• You may give your statement at your residence or a place of your choosing, in the presence of a person you trust.
• Medical examination is free at any government or recognised hospital under Section 184 BNSS, and must be conducted without delay. No hospital may refuse first aid or treatment.
• Free legal aid is available through the District Legal Services Authority, and this office also takes complainant briefs.
• The trial is held in camera under Section 366 BNSS. The public and press are excluded, and your identity may not be published.
• Investigation is to be completed within two months and there are statutory timelines for the trial. Delay can be pressed before the court.
• Compensation is available under the victim compensation scheme through Section 396 BNSS, independent of whether the accused is ultimately convicted.

If you have been accused

An accusation of this kind is met with a professional defence, not with any attempt to discredit or pressure a complainant. Contacting a complainant after an FIR, directly or through family, is itself an offence in most circumstances and destroys any bail application. The work is done on the record.

What the defence properly consists of:

• Securing legal representation immediately. These offences are non-bailable and cognizable. Anticipatory bail under Section 482 BNSS should be assessed the same day the FIR comes to notice.
• Obtaining the case papers — the FIR, the Section 183 BNSS statement, the medical report and the forensic reports — and examining them against each other.
• Testing procedural compliance in the investigation, including the recording of statements, the medical examination and the handling of forensic samples.
• Establishing the documented factual position where the defence is one of alibi, or where contemporaneous records — travel, communications, medical or employment records — bear on the allegation.
• Applying for discharge before charge where the material, taken at its highest, does not disclose the offence charged.

Some cases in this category arise from matrimonial or property disputes, from consensual adult relationships that later break down, or from complaints under Section 69 BNS where the question is whether a promise of marriage was ever false when made. These are genuine issues that courts examine on evidence. They are also not a template: every file is assessed on its own material, and a client who wants assurances rather than an assessment is better served elsewhere.