The first and foremost step is to file an FIR at the nearest police station. An FIR is a detailed narrative of the incident that took place.

At the time of filing an FIR, in cases of women-related offences such sexual harassment, sexual assault, or rape, it is mandatory that such information be registered by a woman police officer. Upon the filing of the FIR, the police investigates and sends the case to the relevant court.

• It is recommended that the FIR should be filed within 24 hours of the incident. It is also recommended to call the police as soon as possible after the incident. 
• If the victim is unable to reach the police station, their family members can call the police to the house or the hospital, wherever the victim may be. 
• The victim’s family can also file the FIR on their behalf^[6].
• The FIR can be filed at a later time when the victim is ready and willing to report. 
• In case there is a delay in filing of the FIR, the delay should be reasonably explained^[7]. For example, if the victim has not been able to talk to people about the incident for a long period of time (months or even years after the incident), an FIR can still be registered^[8]. You can register an FIR at any time, even after waiting for a long time.
  

Keeping the FIR: The FIR should contain every bit of information related to the crime. The police officer is required to read out the contents of the FIR, and only then must the complainant (victim) sign the FIR. The officer should record the FIR’s filing in a book maintained for this specific purpose. A copy of this FIR will be given to you by the police free of charge. Please remember to note the FIR number and date of registration of the FIR.

Refusal To File FIR: If the police officer refuses to file the FIR you can approach higher authorities like their supervisor and file a complaint against the officer-in-charge.

Transferring an FIR to a different police station: If an FIR is transferred to another Police Station on the grounds of jurisdiction (the first Police Station does not have the authority over the area where the crime occurred), it is declared cancelled in the first police station, and will be valid in the new police station where it was transferred to.

After filing a rape case and registering the FIR, its contents cannot be changed. Only the High Court can dismiss the FIR.

When the police records your complaint in the case of a Non-Cognisable offence (a case in which a police officer has no authority to arrest without a warrant), the officer gives you what is called an “NC,” which is the Non-Cognisable Complaint Record.

After the FIR is filed, if there is enough evidence for the case to proceed, a challan is prepared. If there is not enough evidence, the FIR is declared as untraceable. If the FIR is found to be false, it may be cancelled altogether. A thorough investigation is needed to find out if an FIR is false.

Investigation
After filing a rape case and registering an FIR, the complainant (victim) or informant is likely to be called to the police station to give further statements, and potentially to identify the perpetrator, or to answer more questions. The investigation includes gathering evidence.

• Any evidence that can place the victim, witnesses, and perpetrators at the time and place of the crime is very important to the case and is collected.
• Further, the crime scene is investigated for any forensic or material evidence supporting the survivor’s account of what happened.

Arrest of the Accused
Once the police identifies the accused and is aware of their whereabouts and identity, they may make an arrest.

• Sometimes, a number of suspects are arrested – out of which the accused is identified through an official identification parade – after which the others are released.
• Accused persons are sent for a thorough medical check up (provision under Section 53 of the Criminal Procedure Code) to examine their body for signs that may validate and confirm the survivor’s statement. This examination is conducted by a registered medical practitioner at the order of the police.

Once again, the lack of evidence does not mean that rape has not occurred. At this point, the survivor and witnesses give detailed descriptions of the crime in their own records, in front of a magistrate.

In cases where the identity of the accused (the person who committed the assault) is known, the accused may also be arrested on the same day as the filing of the FIR or the very next day.

Note on the charge sheet: Once the investigation is complete, if it is found to be a genuine case with appropriate evidence, a charge sheet is filed. The police submits a detailed account of the investigation to the Sessions Court, including all the information gathered, including the FIR and evidence. The charge sheet is submitted to the court, and then the case goes to trial.

A charge sheet is a report filed by the police telling the magistrate that enough evidence has been collected for the court to inquire into the offence. It is to be filed in about 90 to 120 days after filing the FIR. The victim can obtain this information from the public prosecutor or their lawyer.

That said, it is not always the case that the charge sheet is being filed within the set time frame by the police. There have been cases where the police took longer than anticipated to complete investigation and to file the charge sheet.

What To Do If You’re Not Satisfied With The Investigation: If, for some reason, the survivor/complainant is not satisfied with the investigation, with good reason, they can approach a Magistrate or The High Court for assistance, if you can show that there has been a miscarriage (failure) of justice.

Some instances of  miscarriage of justice may include: bias in proceedings, influence of power to change the outcome of proceedings, pressure on the victim to withdraw the case, etc. To understand whether there has been a miscarriage of justice, the key sign is the absence of fairness in the proceedings.