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IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (PIL) No.2253 of 2024

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Court on its Own Motion

-Versus-

1. The State of Jharkhand, through Chief Secretary, Government of

Jharkhand, Project Building, Dhurwa, Ranchi.

2. Deputy Commissioner, Ranchi.

3. Director General of Police, Government of Jharkhand, Project

Building, Dhurwa, Ranchi.

4. Senior Superintendent of Police, Ranchi.

.......... Respondents.

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CORAM : HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE RAJESH SHANKAR

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Amicus curiae : Mr. Sumeet Gadodia, Advocate

with Ms. Shruti Shekhar, Advocate

For the State : Mr. Gaurav Raj, A.C. to A.A.G.-II

For the JHALSA : Mr. Atanu Banerjee, Advocate

For the Intervenor/

Applicant : In Person

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Reserved on 04.05.2026 Pronounced on 08.06.2026

Per: Rajesh Shankar, J.

1. The present writ petition was originally filed in the form of Public

Interest Litigation by one Ms. Padma Baraik seeking

following reliefs: -

(i) For issuance of direction upon the concerned

respondent authorities to register a Zero F.I.R

irrespective of the jurisdiction of the incident and to

transfer the same to appropriate police station without

any delay or geographical restriction.

(ii) For issuance of direction to the appropriate authority to

provide accommodation facility to the rape victims

and to constitute a Complaints Redressal Committee,

headed by a woman which should prepare and submit

annual report to the concerned

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government department regarding complaints and

action taken.

(iii) For issuance of direction to provide compensation

for survival of rape victims in the society and to ensure

speedy trial as well as time bound conclusion of their

cases.

(iv) For issuance of direction upon the

concerned respondent authorities to provide

free education to the minor children born out of the

rape incidents.

(v) For issuance of direction upon the respondent

authorities to instruct the media not to disclose

the identity of rape victims.

(vi) For issuance of direction upon the concerned police

personnel to treat the rape victims with human feelings,

harassment free behaviour as well as to ensure time

bound investigation of their cases while safeguarding

them from the accused persons.

(vii) For issuance of direction upon the concerned

respondent authorities not to conduct ‘two fingers test’

during medical examination of the rape victims.

(viii) For issuance of direction upon the concerned

respondent authorities to organize legal and physical

awareness programme in school and college level as

well as in the village areas to make girls/women

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capable of protecting themselves in any such untoward

incident.

(ix) For issuance of direction upon the concerned

respondent authorities to provide job oriented training

facilities for livelihood of the rape victims.

2. On perusal of the record it appears that on previous dates, Ms.

Padma Baraik was insisting to espouse her personal cause which

could not have been entertained in a Public Interest Litigation.

Nonetheless, looking to the importance of the aspects involved in

the present PIL, suo motu cognizance of the issue was taken by

a Co-ordinate Bench of this Court vide order dated 24.09.2025

and Ms. Padma Baraik was permitted to assist the court as an

intervenor. Ms. Padma Baraik was, however, given liberty to

pursue her individual cause in accordance with law.

3. The intervenor- Ms. Padma Baraik has also filed her notes of

suggestion in this court in Hindi which is taken on record. The

notes also contain general grievances which are summarized as

under:-

(i) In spite of the specific provision in Bharatiya Nagrik

Suraksha Sanhita (BNSS), 2023, the police officers are

not registering Zero FIR with respect to the offences of

sexual violence, rather they misbehave with the

victims.

(ii) Neither free copy of FIR is being provided to the victims

nor their statements are recorded by the female police

officers as mandated under BNSS.

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(iii) Appropriate compensation is not provided to the rape

victims as per the guidelines laid down in the judgment

of the Hon’ble Supreme Court rendered in the case of

Nipun Saxena & Anr. Vs. Union of India & Ors.,

reported in (2019)2 SCC 705, and National Legal

Services Authority (NALSA) Compensation

Scheme for Women Victims/Survivors of Sexual

Assault/other Crimes.

(iv) ‘Sakti Sadan’, Arsande, Kanke, Ranchi and One-Stop

Centres (OSCs.) located in every district lack proper

facilities and the same are required to be improved.

4. Mr. Atanu Banerjee, Advocate, appearing on behalf of Jharkhand

Legal Service Authority (JHALSA) has also filed notes of

suggestions on the issues raised in the present PIL. It has been

highlighted inter alia that currently there is no shelter home

functional in the district of Ranchi for victims/survivors of sexual

assault aged more than 18 years to stay for longer period. The

maximum duration of stay in ‘One Stop Centre’ is only for 10 days.

5. It has, however, been mentioned that during pendency of the

present PIL, ‘Nari Niketan’ (Shakti Sadan) has been made

functional as an effective shelter home for the victims of sexual

assault. This Court vide order dated 14.11.2025 had directed the

Secretary/Under Secretary, Department of Women, Child

Development and Social Security, Government of Jharkhand to

file fresh counter affidavit stating the purpose for which ‘Nari

Niketan’ (Shakti Sadan) can now be put to use. No such affidavit

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has, however, been filed. As such the Secretary, Department of

Women, Child Development and Social Security, may be directed

to ensure formulation of the basic objectives of the ‘Nari Niketan’

and to issue appropriate instruction for providing shelter,

rehabilitation measures and all required support to the female

victims of violence/assault/sexual offence.

6. It has further been suggested that periodical inspection of one

stop centres situated within the State of Jharkhand may be made

by the Secretary, Department of Women, Child Development and

Social Security, Government of Jharkhand to ensure the

availability of all required support and facilities in the said centres.

Moreover, accountability of the said officer should be fixed for

any shortcomings, lapses and mismanagement found in the said

centres.

7. According to JHALSA, it will provide legal aid to the victims as and

when required by the concerned official/supervisor of the One

Stop Centres/shelter home. The particulars/contact details of

JHALSA, respective DLSAs and the Para Legal Volunteers (PLVs)

should be displayed prominently in the one stop centres/ shelter

homes.

8. It has also been emphasized that counselling of the victims may

be provided at the instance of the State Government by

experienced counsellors through RINPAS or by deputing such

counsellors from any other source, so that the rape victims/

survivor may gradually come out of their mental trauma.

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9. Mr. Sumit Gadodia, Advocate has been appointed as Amicus

Curiae in this case vide order dated 02.05.2024 passed by a Co-

ordinate Bench of this Court. He has filed detailed notes pursuant

to the order dated 29.01.2026 passed by this Court highlighting

the issues raised in the present Public Interest Litigation, the legal

positions as well as the aspects to be followed by the

Government, police officials and other agencies so as to deal with

such issues.

Re. - Issue 1: The concerned respondent authorities to register

a Zero F.I.R irrespective of the jurisdiction of the incident and to

transfer the same to an appropriate police station without any

delay or geographical restriction.

10. In the case of Satvinder Kaur v. State (Govt. of NCT of

Delhi) & Another reported in (1999) 8 SCC 728, the Hon’ble

Supreme Court has held as under: -

“10. It is true that territorial jurisdiction also is

prescribed under sub-section (1) to the extent that the

officer can investigate any cognizable case which a

court having jurisdiction over the local area within the

limits of such police station would have power to

enquire into or try under the provisions of Chapter XIII.

However, sub-section (2) makes the position clear by

providing that no proceeding of a police officer in any

such case shall at any stage be called in question on the

ground that the case was one which such officer was

not empowered to investigate. After investigation is

completed, the result of such investigation is required

to be submitted as provided under Sections 168, 169

and 170. Section 170 specifically provides that if, upon

an investigation, it appears to the officer in charge of

the police station that there is sufficient evidence or

reasonable ground of suspicion to justify the forwarding

of the accused to a Magistrate, such officer shall

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forward the accused under custody to a Magistrate

empowered to take cognizance of the offence upon a

police report and to try the accused or commit for trial.

Further, if the investigating officer arrives at the

conclusion that the crime was not committed within the

territorial jurisdiction of the police station, then FIR can

be forwarded to the police station having jurisdiction

over the area in which the crime is committed. But this

would not mean that in a case which requires

investigation, the police officer can refuse to record the

FIR and/or investigate it.”

11. In the case of Lalita Kumari Vs. Govt. of Uttar Pradesh and

Others, reported in (2014) 2 SCC 1, the Hon’ble Supreme

Court while interpreting the provision of Section 154 Cr.P.C. has

held as under:-

“83. In terms of the language used in Section 154 of

the Code, the police is duty-bound to proceed to

conduct investigation into a cognizable offence even

without receiving information (i.e. FIR) about

commission of such an offence, if the officer in charge

of the police station otherwise suspects the commission

of such an offence. The legislative intent is therefore

quite clear i.e. to ensure that every cognizable offence

is promptly investigated in accordance with law. This

being the legal position, there is no reason that there

should be any discretion or option left with the police to

register or not to register an FIR when information is

given about the commission of a cognizable offence.

Every cognizable offence must be investigated promptly

in accordance with law and all information provided

under Section 154 of the Code about the commission of

a cognizable offence must be registered as an FIR so as

to initiate an offence. The requirement of Section 154

of the Code is only that the report must disclose the

commission of a cognizable offence and that is

sufficient to set the investigating machinery into

action.”

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12. The aforesaid judgements, thus, mandate that the investigating

machinery must register an FIR regarding commission of

cognizable offence and promptly investigate the same. A police

officer cannot refuse to register an FIR on the ground of territorial

jurisdiction.

13. The Ministry of Home Affairs (MHA), Government of India has

also issued advisory dated 10.05.2013 clarifying that FIRs must

be registered even when the offence has occurred outside the

territorial jurisdiction of any police station. It also stresses upon

registration of Zero FIR followed by transfer of the case to

appropriate police station without delay for speedy justice under

Section 170 Cr.P.C. (now Section 190 of BNSS).

14. The MHA has issued another advisory dated 05.02.2014

reiterating that police officers are duty-bound to register FIRs

under Section 154 Cr.P.C. (now Section 173 of BNSS) and refusal

to register FIR attracts prosecution under Section 166A IPC [now

Section 199 of Bharatiya Nyaya Sanhita (BNS), apart from

departmental action.

15. The MHA has further issued advisory dated 12.10.2015

emphasizing compulsory registration of Zero FIR and has

instructed the States/UTs to ensure strict compliance.

16. Section 173 of BNSS provides that every information relating to

commission of a cognizable offence, irrespective of the area

where the offence is committed, may be given orally or by

electronic communication to an officer-in-charge of a police

station. It further provides that any information given by a

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woman against whom sexual offences are alleged to have been

committed or attempted, has to be recorded by a woman police

officer or any woman officer. Moreover, if such offence is alleged

to have been committed or attempted against a temporarily or

permanently mentally or physically disabled, such information has

to be recorded by a police officer, at the residence of the person

seeking to report such offence or at a convenient place of such

person's choice, in the presence of an interpreter or a special

educator, as the case may be and the recording of such

information has to be mandatorily videographed. Further, the

police officer has to get the statement of the person recorded by

a Magistrate under clause (a) of sub-section (6) of section 183 of

the BNSS (corresponding to Section 164 of Cr.P.C.).

17. The Bureau of Police Research & Development, Ministry of Home

Affairs has also issued an SOP on 28.06.2024 regarding Zero FIR

& e-FIR. It provides that upon receipt of information disclosing a

cognizable offence, the SHO or officer on duty of the concerned

police station is mandatorily required to register a Zero FIR

without conducting a jurisdictional inquiry or delaying

registration. It further provides for strict compliance of the

provisions of section 173 of the Bhartiya Nagrik Suraksha Sanhita

(BNSS), 2023 while recording Zero FIR. After registration of Zero

FIR, the investigating officer of the same police station may

undertake primary investigation (e.g. medical examination of a

rape victim). The SOP clearly provides for prompt forwarding of

the Zero FIR to the police station having territorial jurisdiction of

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the incident, where it must be re-registered as a regular FIR

which has to be assigned to an investigating officer by the SHO

for further action. It also provides that the investigating officer

shall proceed with the investigation as per the standard

procedures under BNSS and provide regular updates on the

investigation to the complainant. The SOP highlights the

remedies under Section 173(4) BNSS and penal consequences

under Section 199 Bhartiya Nyaya Sanhita (BNS), 2023 for police

officers who refuse or fail to register Zero FIR, ensuring

enforceability through criminal and departmental liability.

Suggestions of Amicus Curiae:

18. Learned Amicus Curiae has submitted that the Director General

of Police may be directed to issue a binding circular to all police

stations requiring mandatory registration of Zero FIR in all

cognizable offences irrespective of territorial jurisdiction of the

incident, with particular emphasis on the offences of sexual

violence along with some preliminary actions like medical

examination of rape victims in order to prevent loss of evidence

due to jurisdictional transfers. It is also suggested that the

transfer of a Zero FIR to the police station having territorial

jurisdiction should be carried out expeditiously and without any

procedural, technical, or geographical impediments.

19. The Amicus Curiae has further submitted that non-compliance of

the said directions may be treated as a serious violation of

statutory duty, attracting criminal liability under Section 199 BNS

and departmental action against the erring officials. Moreover,

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continued or systemic failure must entail personal accountability

of the supervisory officers including the Superintendent of Police

and the Director General of Police, to ensure effective

enforcement of the mandate.

20. It is further suggested that periodic sensitisation programmes

and training modules should be conducted for police personnel to

ensure effective implementation of the legal mandate relating to

Zero FIRs. The procedural requirements relating to jurisdiction

ought not to be permitted to defeat or dilute the substantive

rights of complainants, particularly victims of serious and

cognizable offences.

Observations of the Court:

21. In view of the binding precedent of the judicial pronouncements

of the Hon’ble Supreme Court referred hereinabove coupled with

the mandatory provision of BNSS, 2023, lodging of Zero FIR is

obligatory upon the police authorities irrespective of territorial

jurisdiction of the incident. The police personnel are duty bound

to strictly adhere to the mandate of SOP. It is, however, evident

that the aforesaid mandatory provisions are still not being

scrupulously followed by the police authorities resulting into delay

in the medical examination of rape victims/victims of POCSO

offences and in recording of their statements thereby

jeopardising the prosecution case.

22. The learned Amicus Curiae has suggested initiation of penal as

well as departmental proceedings against the erring police

officials for non-compliance with the aforesaid mandatory

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provisions. This court finds substance in the said suggestion and

accedes to the same.

Re. Issue 2: Providing accommodation facility to the rape

victims.

23. In the case of Nipun Saxena (Supra), the Hon’ble Supreme

Court has held as under: -

“49. These courts need not only be used for trying

cases under Pocso but can also be used as trial courts

for trying cases of rape against women. In fact, it would

be in the interest of children and women, and in the

interest of justice if One-Stop Centres are also set up in

all the districts of the country as early as possible. These

One-Stop Centres can be used as a central police

station where all crimes against women and children in

the town/city are registered. They should have well-

trained staff who are sensitive to the needs of children

and women who have undergone sexual abuse. This

staff should be given adequate training to ensure that

they talk to the victims in a compassionate and sensitive

manner. Counsellors and psychiatrists should also be

available on call at these Centres so that if necessary

the victims are counselled and in some cases it would

be appropriate if the counsellors question the victims in

a manner in which they have been trained to handle the

victims of such offences. These One-Stop Centres

should also have adequate medical facilities to provide

immediate medical aid to the victims and the medical

examination of the victims can be conducted at the

Centre itself. These One-Stop Centres should also have

video conferencing facility available where the

statement of the victims to be mandatorily recorded

under Section 164 CrPC can be recorded using video

conferencing facilities and the victims need not be

produced in the Court of the Magistrate. There should

be courtroom(s) in these One-Stop Centres which can

be used for trial of such cases. As far as possible these

Centres should not be situated within the court complex

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but should be situated near the court complex so that

the lawyers are also not inconvenienced. Resultantly,

the victims of such offences will never have to go to a

court complex which would result in a victim-friendly

trial. One such Centre which has already been set up is

“bharosa” in Hyderabad. This can be used as a model

for other One-Stop Centres in the country.

51. A copy of this judgment be sent to the Registrars

General of all the High Courts so that the same can be

placed before the Chairpersons of the Juvenile Justice

Committee of all the High Courts for issuance of

appropriate orders and directions and also to ensure

that sincere efforts are made to set up One-Stop

Centres in every district.”

24. The State by filing counter affidavit has explained that ‘One-Stop

Centres’ are currently functioning in all the 24 districts of the

State of Jharkhand and the services provided there are similar to

‘Bharosa Centres’ in the State of Telangana. It offers holistic

support and assistance to women and children who are the

victims of domestic violence, sexual assault, human trafficking or

any other form of exploitation. Moreover, the services such as

Medical Assistance, Legal Support, Police

Assistance, Psychological Counselling and Shelter are provided

for a maximum period of 10 days. The financial burden is borne

by the Central Government in association with the State of

Jharkhand acting as the nodal agency for implementation of the

scheme.

25. It has further been stated in the counter affidavit that all the

schemes relating to violence, abuse, sexual assaults, human

trafficking or any other form of exploitation as well as habitation

safety, security and empowerment of women have been brought

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under one comprehensive umbrella scheme i.e. ‘Mission Shakti’

and it has integrated One-Stop Centres and Women Helpline

numbers.

Suggestions of Amicus Curiae:

26. The learned Amicus Curiae has submitted that while many ‘One-

Stop Centres’ are reasonably maintained, the major gap remains

in staffing, infrastructure and essential services. It is suggested

that all vacant sanctioned posts must be filled urgently to ensure

proper functioning of the centres. The security measures such as

functional CCTV cameras, secured boundary walls and

deployment of guards should be ensured along with availability

of rescue vehicles in all the districts. The basic facilities including

safe drinking water, functional kitchens, hygienic washrooms,

sanitary pad dispensers and proper housekeeping must be

uniformly provided. Non- functional equipments should be

repaired promptly and all registers including visitors’ register must

be regularly maintained for accountability.

27. It is submitted that the State may be directed to ensure

uninterrupted, need-based accommodation for rape survivors at

‘One-Stop Centres’ and affiliated shelter homes until effective

rehabilitation is secured. A Women-Headed Complaints and

Monitoring Committee should be constituted at the State level to

supervise the operations of ‘One-Stop Centres’ to assess

adequacy and quality of services and to ensure victim-centric

delivery.

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28. It is also submitted that the said Committee should submit annual

compliance and performance report to the State Government.

Moreover, failure to provide accommodation, denial of providing

services, or non-submission of reports may be treated as

dereliction of official duty, attracting departmental accountability

and fixing personal responsibility on the supervisory authorities.

Observations of the Court:

29. On consideration of the affidavits filed by the State as well as the

submission of the learned Amicus Curiae, it transpires that

altogether 24 ‘One-Stop Centres’ are functioning within the State

of Jharkhand, out of which, some require improvement while

others are in poor condition. Certain posts of permanent staff in

the said centres need to be filled up. Further, CCTV cameras and

fire extinguishers must be installed in the premises of the said

centres to ensure security. Moreover, proper hygiene and

cleanliness should be maintained in the kitchens and bathrooms.

It is a matter of serious concern that even basic facilities such as

proper sanitation, fully equipped kitchen and safe drinking water

are lacking in certain centres.

30. The learned Amicus Curiae has placed a detailed chart regarding

the current position of the ‘One-Stop Centres’ functioning in the

State of Jharkhand and the areas requiring improvement therein,

which is reproduced hereunder:-

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Sl.

No.

District Brief Summary Opinion of the

Amicus Curiae

as per the

Report

Suggestion by

Amicus Curiae

1 Nari Niketan

(Shakti Sadan),

Arsande, Kanke

The repair work is

completed, and 24×7

women supervisor has

been allotted.

Satisfactory/Good Staff deployment

should be increased,

and cleanliness

should be maintained

properly.

2 Ranchi The centre is well

maintained with one

dedicated vehicle

available for rescue

operations. Majority of

the posts are filled

except for the post of

cook.

Satisfactory/Good The three posts of

the cook that are

vacant should be

filled urgently to keep

the centre up and

running.

3 Simdega The centre has decent

infrastructure but lacks

in CCTV monitoring,

staff strength, and

quality of food.

Needs

Improvement

The quality of food

should be maintained

properly. CCTV

cameras should be

ameliorated to make

it functional and

vacant positions

should be filled on

priority basis.

4 Jamshedpur The Centre is located

on the 3

rd

floor without

lift access. Although a

Counsellor, IT Staff,

and Legal Volunteers

are available, there is

no regular

housekeeping,

security, medical

personnel, or cook, and

the kitchen is non-

functional. The sanitary

conditions are poor and

unhygienic, and proper

drinking water facilities

are lacking. Owing to

security risks and

inadequate resources,

no inmate is currently

residing at the Centre.

Poor An elevator should be

installed to ensure

safe and easy access

to the Centre.

Immediate

improvements are

required in

infrastructure and

essential services,

including proper

sanitation, functional

drinking water,

facilities, and

restoration of a fully

equipped kitchen

with a cook. Regular

housekeeping,

dedicated security

personnel, and on-

call or visiting

medical staff must be

deployed. Adequate

staffing and resource

allocation should be

ensured so that the

centre becomes safe,

hygienic, and fully

functional for

residential use.

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5 Dumka The infrastructure is

maintained but

requires

improvement as it is

old and worn out.

The boundary walls are

too low and no security

guard is deployed,

posing safety concerns.

Although kitchen space

exists, it is poorly

maintained and no

cook has been

appointed; only

temporary food

arrangements are

made when required.

Solar panels have been

installed but are

currently non -

functional.

Poor The existing

infrastructure

requires renovation

and refurbishment,

including necessary

repairs and

repainting of worn-

out structures. The

boundary walls

should be heightened

and a permanent

security guard be

deployed to ensure

inmate safety. The

kitchen must be

properly maintained

and made fully

functional with the

appointment of a

regular cook to

provide consistent

and hygienic meals

instead of temporary

arrangements. The

installed solar panels

should be restored to

operational

condition to ensure

uninterrupted power

supply.

6 Koderma Overall, the condition

of the centre is decent.

No sanitary pad

machine is available

and only two staff are

deployed, one being a

male and one female.

Satisfactory/Good More staff should be

deployed for smooth

functioning of the

centre, and a pad

machine should be

installed.

7 Latehar The overall condition

and functioning of the

Centre is decent. All

the sanctioned posts

for staff and workers is

vacant but a woman

has been deployed for

cooking, maintenance

and cleaning.

Satisfactory/Good The sanctioned posts

need to be filled with

immediate effect

even though the

Centre is functional

with one staff.

8 Palamu The overall condition of

the Centre is

satisfactory. The only

issue of seepage in

store-room and water

leakage in washroom

persists.

Satisfactory/Good The seepage and

leakage issue needs

improvement. Rest,

overall the Centre is

well equipped and

maintained.

9 Godda Out of the total 13

sanctioned posts, only

5 were posted.

Needs

Improvement

All vacant posts must

be filled immediately

and the in-charge

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The Centre In -

charge was not

present, but the

counsellor and guards

were posted and

present. The boundary

wall is short and

without barbed wire.

Majority of the rooms

were decent except

Kitchen, that was non-

functional with expired

grocery items and male

washroom was

unhygienic. Water

Purifier was non-

functional. Electricity

supply is decent. No

official communication

equipment was

present. No sweeper is

engaged but night

guard was responsible

for cleanliness of the

premises.

should be present at

all times. The

boundary wall should

be heightened and

secured. The kitchen

and water purifier

must be made

functional, expired

items be removed

and washrooms

should be properly

maintained.

Communication

facilities should be

installed, and a

dedicated sweeper

appointed to ensure

hygiene.

10 Pakur The condition of the

Centre is moderately

clean but requires

maintenance. There is

need for staff for

proper maintenance.

The centre lacks a

dedicated source of

drinking water and

kitchen space is

available but not in

use.

Poor Vacant staff positions

should be filled to

ensure proper

maintenance and

administration. A

dedicated drinking

water facility must be

installed, and the

existing kitchen

space should be

made functional.

Regular

infrastructure

maintenance should

be carried out to

maintain hygiene and

prevent

deterioration.

11 Chaibasa The Centre is well

maintained with proper

infrastructure. There is

some vacancy to the

post of Case Worker,

Multi- purpose Worker

and Security Guard.

The kitchen is

functional but

unhygienic and the

washrooms were not

properly cleaned and

unhygienic.

Needs

Improvement

Vacant staff posts

should be filled

promptly, and strict

hygiene and regular

cleaning must be

ensured in the

kitchen and

washrooms.

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12 Deoghar The infrastructure is

decent, but the

Sweeper and Cook are

not available. The

Kitchen and

Washrooms are clean

and hygienic with

proper drinking water

facility. CCTV installed

is not functional and

there is no fire

extinguisher available.

Satisfactory/Good There should be

proper functioning

and installation of

CCTV Cameras and

Fire Extinguisher.

The post of sweeper

and Cook should be

filled on immediate

basis.

13 Jamtara Most of the sanctioned

posts are vacant.

Overall infrastructure is

decent though out of

two kitchens only one

is functional.

Washrooms are not

clean and hygienic and

underground water

supply is not

functional.

Needs

Improvement

All vacant sanctioned

posts should be filled

urgently to ensure

proper functioning of

the Centre. The non-

functional kitchen

should be restored to

use, and strict

hygiene measures

must be

implemented for

regular cleaning of

washrooms. The

underground water

supply system should

be repaired

immediately to

ensure adequate and

reliable water

availability.

14 Chatra Overall infrastructure is

decent and

appreciable, but the

roof and front portion

of the Centre needs

some improvements.

Sufficient number of

staff are available at

the centre.

Satisfactory/Good Only roof and front

portion of the Centre

should be improved

and maintained

properly. Rest all

facilities are

satisfactory.

15 Sahibganj Overall structure of the

Centre was decent

except the boundary

walls that lacked

barbed wire. There are

some posts vacant

which are required for

proper functioning.

Needs some

Improvement

The boundary walls

should be secured

with barbed wire to

ensure safety and

prevent security

risks. All vacant posts

must be filled

promptly to ensure

proper

administration and

smooth functioning

of the Centre.

16 Dhanbad Some posts are vacant

like Case Workers,

Para- Legal Personnel

Needs

Improvement

Vacant posts of Case

Workers, Para-Legal

Personnel, and

2026:JHHC:16350-DB

20

and Psycho -social

Counsellors. The centre

does not have its own

individual building and

is using the building

assigned to Red Cross

Society. Doctor and

Counsellor facilities are

available. The

bathrooms are not

hygienic. CCTV

cameras are working

and security guards are

on contractual

engagement.

Psycho-social

Counsellors should

be filled promptly,

and efforts should be

made to provide a

dedicated building

for the Centre.

Bathroom hygiene

must be improved

through regular

cleaning, and

existing security

arrangements should

be strengthened and

properly monitored.

17 Gumla The basic structure was

decent, but the

bathrooms needed

upkeep. There is lack

of adequate staff

including no

arrangement of night

guard. Raw materials in

the kitchen were of

good quality and there

was proper drinking

water supply available.

Needs

Improvement

Regular maintenance

and cleaning of

bathrooms should be

ensured to maintain

hygiene. Adequate

staff must be

appointed, including

deployment of a

night guard for

security. Existing

kitchen and drinking

water facilities should

be regularly

monitored to

maintain quality and

standards.

18 Garhwa Posts of Lawyer, Office

Assistant with IT, Multi-

Purpose Staff/ Cook

and Security Guard

were vacant. Doctor is

available on call and

not permanently.

Bathrooms are not up

to mark but kitchen

and common areas are

clean. CCTV cameras

are not installed.

Needs

Improvement

Vacant posts must be

filled promptly, and

arrangements for

regular medical visits

should be made.

Bathroom hygiene

requires

improvement, and

CCTV cameras

should be installed to

strengthen security,

while maintaining

cleanliness of the

kitchen and common

areas.

19 Ramgarh Overall, amenities were

available but one of the

CCTV Cameras out of

four was not working.

There is vacancy of

staff. The kitchens and

washrooms were in

clean and hygienic

condition with

availability of drinking

water.

Satisfactory/

Good

Staff vacancies

should be filled and

the non-functional

CCTV camera be

repaired, while

maintaining existing

hygiene and drinking

water facilities.

2026:JHHC:16350-DB

21

20 Hazaribagh There is no permanent

staff, and the Centre is

working with only

deputed personnel

from other

departments. The

registers were not

being updated

regularly. There is no

kitchen facility and

drinking water

available. CCTV

cameras were duly

installed and

functional. Vehicle was

not available. Overall

cleanliness was not up

to mark.

Poor Permanent staff

should be appointed

instead of relying

solely on deputed

personnel, and

registers must be

regularly updated to

ensure proper record

maintenance. A

functional kitchen

and safe drinking

water facility should

be provided.

Cleanliness must be

improved through

regular

housekeeping.

Although CCTV

cameras are

functional, a vehicle

should be made

available for official

and emergency

purposes.

21 Seraikella -

Kharsawan

Out of the total

sanctioned thirteen

posts, only one is

posted and rest are

vacant. The overall

cleanliness of the

premise requires

proper improvement.

Not Satisfactory With only one of

thirteen sanctioned

posts filled, all

vacancies must be

urgently addressed

and overall

cleanliness

significantly be

improved.

22 Lohardaga Some posts are vacant

though proper

functioning of the

Centre is happening.

Cleanliness and

hygiene was

maintained properly.

Water logging problem

was found in certain

areas.

Satisfactory/

Good

Vacant posts should

be filled to

strengthen

operations, and the

water logging issue

must be promptly

addressed.

23 Giridih Infrastructure is decent

with average

cleanliness and

hygiene, but no CCTV

cameras are installed.

Satisfactory/

Good

CCTV cameras

should be installed to

enhance security,

and cleanliness and

hygiene standards

should be further

improved through

regular maintenance.

31. We, accordingly, direct the State Government to take into

consideration the suggestions made by the learned Amicus Curiae

2026:JHHC:16350-DB

22

and to ensure that the said suggestions are followed/

implemented with all sincerity and promptness.

Re. Issue No.3: To provide compensation for survival of rape

victims in the society and to ensure speedy trial as well as time

bound conclusion of their cases.

32. NALSA's Compensation Scheme for Women Victims/Survivors of

Sexual Assault/ other Crimes- 2018 was drafted in compliance of

the direction given by the Hon’ble Supreme Court in the case of

Nipun Saxena (Supra.) and the said scheme was approved by

the Hon’ble Supreme Court with a direction to all the State

Governments/UT Administrations to implement the same in their

respective jurisdictions. The said scheme has been prepared to

ensure financial relief and rehabilitation of women

victims/survivors of sexual assault and other crimes. It provides

for payment of interim and final compensation through State and

District Legal Services Authorities. It also covers medical,

psychological, educational and livelihood needs. The scheme

mandates time bound disbursal and applies irrespective of

conviction, with the objective of restoring dignity and supporting

long-term rehabilitation.

33. Section 396 of BNSS, 2023 provides for preparation of scheme by

every State Government in co-ordination with the Central

Government to provide funds for the purpose of compensation to

the victims or their dependents who have suffered loss or injury

as a result of the crime and who require rehabilitation even

without conviction of the offender or where the offender is not

traced or identified.

2026:JHHC:16350-DB

23

34. The Government of India has also created a fund namely

‘Nirbhaya Fund’ which can be utilized for implementation of

initiatives aimed at enhancing the safety and security of women.

It is a non-lapsable corpus fund being administered by the

Department of Economic Affairs under the Ministry of Finance.

The Ministry of Women and Child Development (MWCD) acts as

the nodal agency for appraising, reviewing and recommending

the specific safety schemes and the projects to be funded. The

MWCD has the further responsibility to review and monitor the

progress of sanctioned schemes in conjunction with the

concerned Ministries/Departments.

Suggestions of Amicus Curiae:

35. Learned Amicus Curiae has suggested that the State of Jharkhand

may consider to amend its Victim Compensation Scheme to

ensure minimum assured compensation for rape survivors,

payable in structured stages covering immediate relief, medical

treatment and long-term rehabilitation. The State Government

should also ensure disbursement of interim compensation within

15 days from the date of registration of the FIR, irrespective of

the outcome of the criminal trial. Final compensation may be

released within 30 days of conviction or acquittal, subject to the

assessment of the survivor's needs and in accordance with

Section 396 of BNSS, 2023. The rape survivors should be

provided free medical treatment, psychological counselling, and

legal aid from the date of reporting of the offence through the

2026:JHHC:16350-DB

24

designated government medical institutions and legal services

authorities.

36. It has further been suggested that the State should frame a

Standard Operating Procedure (SOP) prescribing a maximum

time limit of six months for completion of trial in rape cases,

subject to unavoidable circumstances being recorded in writing

by the trial court. Quarterly monitoring of Fast Track Special

Courts dealing with sexual offence cases in Jharkhand may be

undertaken to ensure adherence to prescribed timelines. The

State should also place annual compliance reports before this

Court detailing the number of registered cases, compensation

awarded and disbursed, timelines followed in disposal of the

registered cases as well as pendency status of the cases.

37. In view of the statutory mandate under Section 396 BNSS, the

victim-centric framework of the NALSA Compensation Scheme,

2018, and the binding directions of the Hon'ble Supreme Court

given in the case of Nipun Saxena (Supra.), it is suggested

that this Court may direct all the Sessions and Special Courts to

mandatorily consider and pass compensation orders as part of

the final judgment itself, without requiring any separate

application from the concerned victim.

Observations of the Court:

38. The concerned courts dealing with the cases relating to sexual

offences shall, immediately upon receipt of information regarding

commission of such offences by registration of FIR, make an

enquiry as to the immediate needs of the victims for interim relief

2026:JHHC:16350-DB

25

or rehabilitation and upon giving an opportunity of hearing to the

parties, pass appropriate order for interim compensation and/or

rehabilitation of the victims. After conclusion of the case,

irrespective of the fact that it ends in acquittal or conviction of

the accused or even if the accused is not traced or has

absconded, the trial court shall award just and reasonable

compensation in favour of the victims for the loss or injury

suffered by them due to commission of the offence. The quantum

of the compensation shall be fixed taking into consideration the

loss and injury suffered by the victim. The compensation,

whether interim or final, awarded to the victim, shall be paid to

her by the concerned authority within 30 days from the date of

passing of the order.

39. The Courts dealing with the sexual offences are directed to try

the cases by strictly adhering to the timeline provided under

Section 346 of the BNSS, 2023 which provides that the inquiry or

trial relating to an offence under Section 64, Section 65, Section

66, Section 67, Section 68, Section 70 or Section 71 of the

Bharatiya Nyaya Sanhita, 2023 shall be completed within a period

of two months from the date of filing of the chargesheet. After

commencement of the trial, no unnecessary adjournment shall be

granted to the accused and when the witnesses are in

attendance, no adjournment or postponement shall be granted

without examining them, except for any special reason to be

recorded in writing.

2026:JHHC:16350-DB

26

40. The Director General of Police or the officer of the equivalent rank

of the State of Jharkhand is directed to constitute a Special Task

Force in the cases of sexual offences which shall ensure that the

investigation is properly conducted and the witnesses are

produced on the date fixed before the trial courts without taking

unnecessary adjournment. Quarterly monitoring of the cases of

sexual offences must be undertaken by the Director General of

Police of the State to ensure adherence to the prescribed

timelines.

Re. Issue No.4: The concerned respondent authorities to

provide free education to the minor children born out of the rape

incidents.

41. Article 21A of the Constitution of India mandates that the State

shall provide free and compulsory education to all children, aged

six to fourteen years in such manner as the State may, by law,

determine.

42. The Right of Children to Free and Compulsory Education Act,

2009 also mandates free and compulsory education to all children

between the age group of 6-14 years, extending protection to

children belonging to dis-advantaged groups and vulnerable

backgrounds ensuring dignity, equality and inclusion.

43. The Integrated Child Protection Scheme (ICPS) is implemented

as a centrally Sponsored Scheme based on Government- Civil

Society partnership under the overarching direction and

responsibility of the Ministry of Women & Child Development,

Government of India and the State Governments which provides

a holistic framework for protecting children in difficult

2026:JHHC:16350-DB

27

circumstances by integrating services across health, education,

police, judiciary, labour, and social welfare sectors. It emphasizes

preventive support including sponsorship to vulnerable families

so as to keep children in school and to save them from child

labour, marriage or exploitation. At the grassroots, the Block

Level and village Level Child Protection Committees chaired by

elected representatives and supported by the District Child

Protection Units (DCPUs.), Integrated Child Development

Services (ICDS) staff and the community members, are assigned

with the duty of recommending, coordinating and monitoring

child protection services as well as ensuring effective inter-

sectoral collaboration.

Suggestions of Amicus Curiae:

44. According to the learned Amicus Curiae, while the Act, 2009

covers the children aged 6-14 years, the Court may direct the

State to provide free education up to Class XII (age 18) for the

children born out of sexual offences, similar to the directions

issued by the Rajasthan High Court in its orders dated 17.01.2024

and 25.04.2025 passed in the case of Victim vs. State of

Rajasthan & Ors. [S.B. Civil Writ Petition No. 821 of

2024]. The State may be explicitly directed to ensure that these

children must be included in all educational support schemes

(mid-day meals, scholarships, transport subsidy, uniforms/

stationery etc.) without discrimination.

45. It is further suggested that an order may be passed for

appointment of nodal officers at the district education offices to

2026:JHHC:16350-DB

28

facilitate enrolment, transfer certificates and tracking of

attendance for these children to prevent drop-outs. Moreover,

periodic reporting directly to this Court should be ensured on the

status of education enrolment, retention and progression of

children up to Class XII (age 18).

46. It is also suggested that in view of Article 21-A of the Constitution

of India and the Act, 2009, the Chief Secretary of the State and

the Secretary, Department of Education may be directed to

ensure automatic enrolment and uninterrupted free education in

government schools or under the 25% RTE quota in private

schools for the children born from the rape survivors. Considering

their vulnerability, the State should be directed to extend

educational support beyond the age of 14 years i.e. at least till

completion of schooling.

47. Free and compulsory education is not merely a statutory benefit

but a constitutional right that serves to break the cycle of

marginalization of vulnerable children, including those born out

of sexual crimes.

Observations of the Court:

48. We are convinced with the said suggestions given by the learned

Amicus Curiae. The State Government is thus directed to appoint

nodal officers in every district to ensure that free and compulsory

education is imparted to the children born out of rape incidents

till Class XII. The nodal officers shall also ensure that those

meritorious students, who are later on selected in premier

government institutes like IITs, NITs, AIIMs or IIMs etc., are

2026:JHHC:16350-DB

29

provided scholarships by the State Government. The nodal officer

shall also monitor the compliance of the directions given by this

court and if any difficulty is faced by such children, he shall

communicate the matter to the Secretary, Department of School

Education and Literacy, Government of Jharkhand so as to ensure

that the same is resolved without any undue delay.

Re. Issue No.5: The concerned respondent authorities to

instruct the media not to disclose the identity of rape victims.

49. Section 23 of the Protection of Children from Sexual Offences

(POCSO) Act, 2012 provides that the media shall not disclose the

identity of a child including the name, address, photograph,

family details, school, neighborhood or any other particulars

which may lead to disclosure of identity of the child unless the

Special Court, competent to try the case under the Act, for the

reasons to be recorded in writing, , may permit such disclosure,

if in its opinion such disclosure is in the interest of the child. It

further provides that the publisher or owner of the media or

studio or photographic facilities shall be jointly and severally liable

for the acts and omissions of its employee and shall be liable to

be punished with imprisonment of either description for a period

which shall not be less than six months but may extend to one

year or with fine or with both.

50. Section 72 of the BNS, 2023 provides that whoever prints or

publishes the name or any matter which may make known the

identity of any person against whom an offence under Section 64

or Section 65 or Section 66 or Section 67 or Section 68 or Section

2026:JHHC:16350-DB

30

69 or Section 70 or Section 71 is alleged or found to have been

committed (i.e., the victim), shall be punished with imprisonment

of either description for a term which may extend to two years

and shall also be liable to fine.

51. In the case of Nipun Saxena (Supra.), the Hon’ble Supreme

Court has held as under:

“50. In view of the aforesaid discussion, we issue the

following directions:

50.1. No person can print or publish in print, electronic,

social media, etc. the name of the victim or even in a

remote manner disclose any facts which can lead to the

victim being identified and which should make her

identity known to the public at large.

50.2. In cases where the victim is dead or of unsound

mind the name of the victim or her identity should not

be disclosed even under the authorisation of the next

of kin, unless circumstances justifying the disclosure of

her identity exist, which shall be decided by the

competent authority, which at present is the Sessions

Judge.

50.3. FIRs relating to offences under Sections 376, 376-

A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB or

376-E IPC and the offences under Pocso shall not be

put in the public domain.

50.4. In case a victim files an appeal under Section 372

CrPC, it is not necessary for the victim to disclose

his/her identity and the appeal shall be dealt with in the

manner laid down by law.

50.5. The police officials should keep all the documents

in which the name of the victim is disclosed, as far as

possible, in a sealed cover and replace these documents

by identical documents in which the name of the victim

is removed in all records which may be scrutinised in

the public domain.

50.6. All the authorities to which the name of the victim

is disclosed by the investigating agency or the court are

2026:JHHC:16350-DB

31

also duty-bound to keep the name and identity of the

victim secret and not disclose it in any manner except

in the report which should only be sent in a sealed cover

to the investigating agency or the court.

50.7. An application by the next of kin to authorise

disclosure of identity of a dead victim or of a victim of

unsound mind under Section 228-A(2)(c) IPC should be

made only to the Sessions Judge concerned until the

Government acts under Section 228-A(1)(c) and lays

down criteria as per our directions for identifying such

social welfare institutions or organisations.

50.8. In case of minor victims under Pocso, disclosure

of their identity can only be permitted by the Special

Court, if such disclosure is in the interest of the child.

50.9. All the States/Union Territories are requested to

set up at least one “One-Stop Centre” in every district

within one year from today.”

Suggestions of Amicus Curiae”

52. Learned Amicus Curiae has suggested that in view of the

statutory provisions under Section 72 BNS, 2023 and Section 23

of the POCSO Act along with the judgement of Supreme Court

rendered in the case of Nipun Saxena (Supra.), this Court may

issue mandatory restraint orders prohibiting all forms of media

including digital and social media platforms from disclosing,

directly or indirectly, the identity of rape/sexual assault victims.

An order may be issued for sealed handling of all court records

and police documents containing victim identity as well as these

records should be kept in sealed covers issuing redacted versions

for public access, as per the Hon’ble Supreme Court’s directions.

Moreover, standardised reporting guidelines should be issued to

media regulators and authorities requiring them to publish only

2026:JHHC:16350-DB

32

anonymised descriptions (e.g., "Victim A"), in accordance with

statutory protections

53. It is further suggested that the Director General of Police may be

directed to issue a circular mandating non-disclosure of victim's

identity during FIR, charge-sheet preparation or recording of

statements, the non-compliance of which may be treated as

dereliction of duty, warranting departmental action.

Observations of the Court:

54. In view of the judgment of the Hon’ble Supreme Court rendered

in the case of Nipun Saxena (Supra.) as well as the statutory

provisions of the POCSO Act, 2012 and BNS, 2023, the disclosure

of the name or identity of the rape victim either in media or in

any court records or even by any person, is prohibited.

Appropriate punishment has been prescribed for non-compliance

of the aforesaid statutory and legal provisions. All the documents

in which the name of the victim has been disclosed, shall be kept

in sealed cover and the name of the victim must be removed in

all the records which may be scrutinised in the public domain.

55. We are of the view that the said mandatory provisions as well as

the directions of the Hon’ble Supreme Court issued in the case of

Nipun Saxena (Supra.) are required to be mandatorily

followed by the media personnel, police officials and even the trial

courts. All officers and other staff responsible for its non-

compliance will be subjected to departmental proceeding

followed by penal action. The DGP shall ensure strict compliance

of the aforesaid provisions and take appropriate departmental

2026:JHHC:16350-DB

33

action against the erring persons. Periodical training programme

will be arranged by the State Government for the police officials

who are dealing with the cases of sexual offences. The Principal

District and Sessions Judges of the concerned districts shall also

ensure strict compliance of the said provisions within the courts.

Re. Issue No.6: The concerned police personnel to treat

the rape victims with human feelings, harassment free behaviour

as well as to ensure time bound investigation of their cases while

safeguarding them from the accused persons.

56. Section 193 of the BNSS, 2023 provides that the investigation in

relation to an offence committed under Sections 64, 65, 66, 67,

68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under Sections

4, 6, 8 or Section 10 of the POCSO Act, 2012 shall be completed

within two months from the date on which the information was

recorded by the officer-in-charge of the concerned police station.

57. Section 19 (5) of the POCSO Act delineates that where the Special

Juvenile Police Unit or the local police is satisfied that the child

against whom an offence has been committed is in need of care

and protection, then, it shall, after recording the reasons in

writing, make immediate arrangement to provide such care and

protection including admitting the child into shelter home or to

the nearest hospital within twenty-four hours of the report, as

may be prescribed.

58. Sub- Section (6) of Section 19 of the POCSO Act enumerates that

the Special Juvenile Police Unit or the local police shall, without

unnecessary delay but within a period of twenty-four hours,

report the matter to the Child Welfare Committee and the Special

2026:JHHC:16350-DB

34

Court or where no Special Court has been designated, to the

Court of Session, including the need of the child for care and

protection and the steps taken in this regard.

59. Section 24 of POCSO Act reads as under:

“24. (1) The statement of the child shall be recorded at

the residence of the child or at a place where he usually

resides or at the place of his choice and as far as

practicable by a woman police officer not below the

rank of sub-inspector.

(2) The police officer while recording the statement of

the child shall not be in uniform.

(3) The police officer making the investigation, shall,

while examining the child, ensure that at no point of

time the child come in the contact in any way with the

accused.

(4) No child shall be detained in the police station in the

night for any reason.

(5) The police officer shall ensure that the identity of

the child is protected from the public media, unless

otherwise directed by the Special Court in the interest

of the child.”

60. Para 120.7 of the judgment rendered in the case of Lalita

Kumari Vs. Government of Uttar Pradesh and Others

reported in (2014) 2 SCC 1 was subsequently modified vide

order passed in Lalita Kumari Vs. Government of Uttar

Pradesh & Others, reported in (2023)9 SCC 695 by

observing as under:-

“120.7 While ensuring and protecting the rights of the

accused and the complainant, a preliminary inquiry

should be made time-bound and in any case it should

not exceed fifteen days generally and in exceptional

cases, by giving adequate reasons, six weeks' time is

provided. The fact of such delay and the causes of it

must be reflected in the General Diary entry.”

2026:JHHC:16350-DB

35

61. In the case of Delhi Domestic Working Women's Forum vs.

Union of India & Others, reported in (1995)1 SCC 14, the

Hon’ble Supreme Court has held thus:-

“15. In this background, we think it necessary to

indicate the broad parameters in assisting the victims

of rape.

(1) The complainants of sexual assault cases should be

provided with legal representation. It is important to

have someone who is well-acquainted with the criminal

justice system. The role of the victim's advocate would

not only be to explain to the victim the nature of the

proceedings, to prepare her for the case and to assist

her in the police station and in court but to provide her

with guidance as to how she might obtain help of a

different nature from other agencies, for example, mind

counselling or medical assistance. It is important to

secure continuity of assistance by ensuring that the

same person who looked after the complainant's

interests in the police station represent her till the end

of the case.

(2) Legal assistance will have to be provided at the

police station since the victim of sexual assault might

very well be in a distressed state upon arrival at the

police station, the guidance and support of a lawyer at

this stage and whilst she was being questioned would

be of great assistance to her.

(3) The police should be under a duty to inform the

victim of her right to representation before any

questions were asked of her and that the police report

should state that the victim was so informed.

(4) A list of advocates willing to act in these cases

should be kept at the police station for victims who did

not have a particular lawyer in mind or whose own

lawyer was unavailable.

(5) The advocate shall be appointed by the court, upon

application by the police at the earliest convenient

moment, but in order to ensure that victims were

questioned without undue delay, advocates would be

2026:JHHC:16350-DB

36

authorised to act at the police station before leave of

the court was sought or obtained.

(6) In all rape trials anonymity of the victim must be

maintained, as far as necessary.

(7) It is necessary, having regard to the Directive

Principles contained under Article 38(1) of the

Constitution of India to set up Criminal Injuries

Compensation Board. Rape victims frequently incur

substantial financial loss. Some, for example, are too

traumatised to continue in employment.

(8) Compensation for victims shall be awarded by the

court on conviction of the offender and by the Criminal

Injuries Compensation Board whether or not a

conviction has taken place. The Board will take into

account pain, suffering and shock as well as loss of

earnings due to pregnancy and the expenses of child

birth if this occurred as a result of the rape.”

Suggestions of Amicus Curiae

62. The learned Amicus Curiae has suggested that this Court may

direct the state police authorities to strictly enforce victim-centric,

non-harassing conduct and to ensure time-bound investigation

with recorded reasons regarding any delay as well as to provide

immediate protection to victims from intimidation or threat.

Moreover, police personnel should be given regular human rights

training and sensitisation to handle rape victims with dignity.

They should show a more empathetic approach while dealing with

the cases of sexual assault. Data-driven review of police

compliance and public awareness of victims rights along with

periodic compliance reports should be submitted by senior police

officers, and any lapse or non-compliance must attract

departmental and penal accountability under Section 199 BNS,

2026:JHHC:16350-DB

37

ensuring rigorous supervisory oversight and safeguarding the

rights and dignity of victims during investigation and trial.

Protective shelter, witness protection, and support services

should be available for victims immediately after registration of

FIR.

Observations of the Court:

63. The police officers are directed to complete the preliminary

investigation of rape cases within fifteen days. The investigation

of the rape case must be completed within two months from the

date on which the information is recorded by the officer-in-charge

of the concerned police station. Immediate legal aid must be

provided to the victims by trained lawyers who will interact with

the victims with all sensitivity and not as mere clients. He should

guide the victims as to how they may get help of different kinds,

such as psychological, emotional counselling or medical

assistance from specialised agencies. Immediate care and

protection should be extended to the victims under POCSO Act

within 24 hours of the incident which includes admitting them into

shelter home and their medical examination. It is also the

responsibility of the concerned police officers to deal with the

victims of rape with all sensitivity. The statement of the victims

should preferably be recorded by a woman police officer not

below the rank of sub-inspector. Proper training should be given

to the police personnel dealing with such type of cases and

periodical sensitization programme must be conducted for their

proper training. The police should ensure that friendly

2026:JHHC:16350-DB

38

environment is given to the victims of rape while recording their

statements so that they are in a position to narrate true facts

without any inhibition. No force or pressure should be applied to

them while recording their statements.

Re. Issue No.7: The concerned respondent authorities must not

conduct ‘two-finger test’ during medical examination of the rape

victims.

64. In the case of Lillu @ Rajesh & Another v. State of Haryana,

reported in (2013) 14 SCC 643, the Hon’ble Supreme Court

has held that the two-finger test and its interpretation violates

the right of rape survivors to privacy, physical as well as mental

integrity and dignity. This test, even if the report is affirmative,

cannot ipso facto, give rise to a presumption of consent.

65. In the case of State of Jharkhand v. Shailendra Kumar Rai

@ Pandav Rai, reported in (2022) 14 SCC 299, the Hon’ble

Supreme Court has held that a woman's sexual history is wholly

immaterial while adjudicating whether the accused raped her.

Their Lordships have further held that section 53-A of the

Evidence Act also provides that the evidence of a victim's

character or of her previous sexual experience with any person

shall not be relevant to the issue of consent or the quality of

consent in prosecutions of sexual offences. The Ministry of Health

and Family Welfare, Government of India has issued guidelines

and protocols on 19.03.2014 named as “Medico-legal Care for

Survivors/Victims of Sexual Violence” to ensure a sensitive,

standardized and right based approach to medical examination

and treatment, which mandates that “per vaginum examination”

2026:JHHC:16350-DB

39

commonly referred to by lay persons as “two-finger test”, must

not be conducted for establishing rape/sexual violence as the

same is strictly prohibited and the size of the vaginal introitus has

no bearing on a case of sexual violence. Their Lordships have

directed the Union Government as well as the State Governments

to ensure that the guidelines formulated by the Ministry of Health

and Family Welfare, Government of India must be circulated to

all concerned including private hospitals as well as to conduct

workshops for health providers to make them aware of the

appropriate procedure to be adopted while examining survivors

of sexual assault and rape. Further direction is to review the

curriculum in medical schools with a view to ensuring that the

“two-finger test” or “per vaginum examination” is not prescribed

as one of the procedures to be adopted while examining the

survivors of sexual assault and rape.

66. Lastly, Their Lordships have directed that any person who

conducts “two-finger test” or “per vaginum examination” in

contravention of the directions of the Court shall be guilty of

misconduct.

Suggestion of Amicus Curiae:

67. Learned Amicus Curiae has suggested that this Court may direct

the Department of Health, Medical Education and Family Welfare,

Government of Jharkhand to completely prohibit the use of "two-

finger test" in all hospitals, medical colleges and other health care

providers with clear guidelines regarding Trauma-informed Care

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40

(TIC) approach towards the sexual assault survivors including

their medical examination in a dignified way.

68. The State of Jharkhand must issue binding circular/SOP

prohibiting the said test in all government and private hospitals,

conducting mandatory training and sensitisation of doctors,

forensic experts, and police officials. Any violation of these

directives should be treated as professional misconduct,

attracting action under the relevant medical and disciplinary

statutes, thereby safeguarding the victim’s rights to dignity,

privacy and bodily integrity.

Observations of the Court:

69. In view of the aforesaid judicial pronouncement and legal

provisions, it is no more res integra that "two-finger test"

conducted during medical examination of sexual assault victims

has been strictly prohibited and medical examination of such

victims in the hospitals/medical institutions must be conducted in

a dignified manner in accordance with law.

70. We accept the suggestions of the learned Amicus Curiae.

Accordingly, the State of Jharkhand is directed to issue circular

prohibiting the “two finger test” in all government and private

hospitals/medical institutions with a further direction that any

violation of the said Circular will be treated as professional

misconduct and the erring person will be liable to be strictly deal

with in accordance with law.

Re. Issue No.8: The concerned respondent authorities to

organize legal and physical awareness programme in school and

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41

college level as well as in the village areas to make girls/women

capable of protecting themselves in any such untoward incident.

71. Section 43 of The POCSO Act provides as under:

“43. Public awareness about Act. -The Central

Government and every State Government, shall take all

measures to ensure that-

(a) the provisions of this Act are given wide publicity

through media including the television, radio and the

print media at regular intervals to make the general

public, children as well as their parents and guardians

aware of the provisions of this Act;

(b) the officers of the Central Government and the State

Governments and other concerned persons (including

the police officers) are imparted periodic training on the

matters relating to the implementation of the provisions

of the Act.”

72. Section 4 of The Legal Services Authorities Act, 1987 reads as

follows:-

“4. (e) organise legal aid camps, especially in rural

areas, slums or labour colonies with the dual purpose

of educating the weaker sections of the society as to

their rights as well as encouraging the settlement of

disputes through Lok Adalats.”

73. ‘Rani Laxmi Bai Aatma Raksha Prashikshan (RAKSHA)’ under the

“Samagra Shiksha Scheme” provides for the self-defence training

component under the “India’s Flagship Integrated School

Education Programme”. Under the said Scheme, self-defence

training is imparted to girls students of class VI to XII in the

government schools/Kasturba Gandhi Balika Vidyalayas (KGBVs.)

to ensure their safety, security and empowerment. Moreover,

self-defence training is provided to the girls students of the said

classes for three months and fund is provided for this purpose

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42

which has been increased from Rs.3,000/- to Rs.5,000/- per

school per month. The girls are trained to use everyday articles

such as, Key chain, dupatta, Stole, mufflers, bags, pen/ pencil,

notebook etc. as weapons of opportunity/improvised self-defence

weapons for their safety. The States and UTs may also look for

convergence of funds for self-defence training under the

“Nirbhaya Fund” financed by the Ministry of Women and Child

Development, Government of India with the similar funds

resourced under the Police Department, Home Guards, NCC and

other State Government Schemes.

Suggestions of Amicus Curiae:

74. Learned Amicus Curiae submits that prevention through

awareness is an integral part of Article 21 of the Constitution of

India for protection of women and children and the State has a

constitutional duty to ensure such awareness. The POCSO Act,

2012 casts a positive obligation on the State to educate children,

parents and institutions regarding sexual safety and reporting

mechanisms.

75. It is suggested that the Legal Services Authorities are statutorily

empowered to conduct legal literacy and awareness programmes

and should be directed to do so regularly at school, college and

village levels. Awareness programmes must include age-

appropriate education on “good touch”-“bad touch” personal

boundaries, the right to say ‘NO’, and child-friendly explanation

of POCSO protections, beginning from the primary school level.

2026:JHHC:16350-DB

43

76. It is further suggested that village-level outreach is essential, as

rural women and girls are particularly vulnerable. Thus the

programmes at village level should include street plays, audio-

visual tools and Gram Sabha sessions. Effective implementation

requires inter-departmental coordination among the Departments

of Education, Police, Women & Child Development and Health as

well as engagement of Legal Services Authorities and experienced

NGOs.

77. It is also suggested that in view of the existing government

schemes namely, “Samagra Shiksha Abhiyan” and “Mission

Shakti”, this Court may direct the State to institutionalise periodic

legal awareness and physical self-defence programmes at school,

college, and village levels.

Observations of the Court:

78. We accept the aforesaid suggestions given by the learned Amicus

Curiae. Accordingly, we direct the State Government to

institutionalise periodic legal awareness and physical self-defence

programmes at school, college, and village levels. It appears from

the record that the self-defence training under the ‘Rani Laxmi

Bai Aatma Raksha Prashikshan (RAKSHA)’ is given to the girls

students of Class-VI to XII enrolled in Government

Schools/Kasturba Gandhi Balika Vidyalayas for which fund is

provided @ Rs.5,000/- per school per month for a period of three

months, which in our opinion, needs to be enhanced and proper

utilization of the said fund should be regularly scrutinized. The

legal awareness programme should be organized in a manner

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44

which is easily understood by the girls residing in remote areas.

The said programme should also include street plays or audio-

visual tools etc.

Re. Issue No.9: The concerned respondent authorities

to provide job oriented training facilities for livelihood of the

rape victims.

Suggestions of Amicus Curiae:

79. Learned Amicus Curiae submits that financial rehabilitation is

essential for livelihood/survival of rape victims which forms part

of the right to life under Article 21 of the Constitution of India. It

is urged that this Court may direct the State Government to

provide employment or placement assistance to the victims in

government/private sectors or through skill development

programmes. Employment support should be flexible and victim-

centric considering safety, location and trauma. The Jharkhand

State Legal Services Authority should act as a crucial bridge

between the rape survivors and the employers. The Department

of Women and Child Development has to ensure smooth job

placements by facilitating co-ordinated rehabilitation and creating

specialized referral pathways. Vocational training, skill

development and counselling must be mandatory components

before employment placements.

80. It is further suggested that directions may be issued to the State

Government and the Jharkhand Legal Services Authority to

formulate a structured livelihood and employment facilitation

framework for rape survivors as a part of long-term rehabilitation.

Observations of the Court:

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45

81. We endorse the suggestions of the learned Amicus Curiae. The

State Government is, thus, directed to formulate and implement

a scheme for providing employment or placement assistance to

the rape victims in government/private sectors or through skill

development programmes. The state government should ensure

that the benefit of the said scheme is extended to the rape victims

without any unreasonable delay.

ADDITIONAL ISSUES RAISED BY AMICUS CURIAE:

Re. Issue 10: The concerned respondent authorities to provide

immediate, free and long-term psychological counselling, trauma-

informed mental health care, and rehabilitation services to

rape/sexual assault survivors through trained professionals.

Suggestion of Amicus Curiae:

82. The learned Amicus Curiae has urged that in view of the

judgements delivered by Hon'ble Supreme Court acknowledging

the psychological trauma suffered by rape survivors, this Court

may issue directions to the State to ensure immediate, free and

long-term trauma-informed psychological counselling and mental

health care for all the rape and sexual assault survivors through

trained professionals. Such counselling may be directed to

commence within 24-72 hours of reporting the incident and to

continue for an adequate duration based on individual clinical

assessment, without arbitrary cut-offs.

Observations of the Court:

83. We approve the suggestions given by the learned Amicus Curiae.

Accordingly, the State Government is directed to implement the

same without any delay. We are also of the view that the issue

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46

regarding rehabilitation of the rape victims needs to be

emphasized. We are pained to observe that in certain situations,

the rape victims are subjected to social ridicule as if they are the

accused. In some cases, the victims are socially ostracized

causing immense difficulty including psychological distress to the

victims and their family. Even the family members of the victims

have to suffer due to the incident of rape. There are also the

cases where the victims and their family members face difficulty

in residing at their original place of residence due to indifferent

attitude of the neighbours compelling them to leave the said

place. This requires social sensitization. We are hopeful that

victim blaming public attitude will gradually change. However, if

the victims and their family members want to shift from their

place of residence to some other place, the State must have a

mechanism to rehabilitate them at a place they wish to reside.

Re. Issue No.11: The concerned respondent authorities should

establish and publicise a single ‘Universal Emergency Helpline’ for

Women and Sexual Violence Survivors.

84. Learned Amicus Curiae submits that the scheme of

Universalisation of Women Helpline (WHL) has been initiated by

the Ministry of Women and Child Development, Government of

India which is intended to provide 24 hours immediate and

emergency response to women affected by violence through

referral to the appropriate agencies like police authorities,

hospitals, ambulance services, District Legal Services Authority

(DLSA), Protection Officer (PO) and One-Stop Centres (OSC). It

also contains information about women related government

2026:JHHC:16350-DB

47

schemes/programs across the country through a single uniform

number. Under the said Scheme, the States/UTs have to utilise

or augment their existing women helplines through a dedicated

single national number. The Department of Telecommunication,

Government of India has allocated short code 181 to all

States/UTs which is being used by some States/UTs such as

Delhi, Chandigarh, Chhattisgarh as Women Helpline. Under this

Scheme, States/UTs need to adopt this short code 181 as Women

Helpline. The idea behind it is that this number would be

compatible with all the existing telecommunication channels

whether providing post/pre-paid mobile or landline services

through any public or private network i.e. GSM, CDMA, 3G, 4G

etc. All the state/ district/ city level helplines, whether private or

public, would be integrated with this women helpline.

85. It is further submitted that Emergency Response Support System

(ERSS) is a Pan-India single number (112) based emergency

response system for citizens in emergencies. Each State/ UT is

required to designate a dedicated Emergency Response Centre

(ERC) to handle emergency requests when any citizen requires

emergency assistance from Police, Fire & Rescue, Health and

other services.

Suggestions of Amicus Curiae:

86. Learned Amicus Curiae has suggested that in spite of the

acknowledged existence of multiple emergency response

mechanisms namely the Women Helpline (181) under the

Ministry of Women & Child Development and the Emergency

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48

Response Support System (112) under the Ministry of Home

Affairs, Government of India, the continuing confusion and access

gaps are faced by women and sexual violence survivors. As such,

this Court may issue directions to the Chief Secretary,

Government of Jharkhand and the Principal Secretaries of the

Departments of Home as well as Women & Child Development,

Government of Jharkhand to ensure functional integration and

clear demarcation of roles between the helpline numbers 181 and

112. The State may be directed to designate the number 181 as

the primary, women-centric helpline for sexual violence, domestic

abuse and gender-based emergencies with automatic back-end

linkage to the helpline number 112 for immediate police, medical

and rescue response.

87. Additionally, the “112 India” App should be made popular among

women through targeted awareness campaigns. Moreover, clear

guidance on its effective use should be widely disseminated to

ensure timely access to emergency assistance.

Observations of the Court:

88. The State Government is directed to look into the aforesaid

suggestions given by the learned Amicus Curiae and take steps

to designate the number ‘181’ (i.e. women-centric helpline for

sexual violence, domestic abuse and gender-based emergencies)

as the primary helpline number, with automatic back-end linkage

to the helpline number ‘112’ which is the emergency response

support system for immediate police, medical and rescue

response.

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49

89. In view of the discussions and observations made hereinabove,

the directions of this court on the issues raised in the present PIL

are summarized as under:-

(i) The Director General of Police, Jharkhand, is directed to

ensure strict compliance of the provisions of Section 173 of

the BNSS, 2023 and for that purpose, to issue necessary

directions to all the police stations as well as to make

periodical monitoring to see the compliance thereof. In the

event of any police officer failing to comply with the

directions, appropriate steps shall be taken for initiation of

penal as well departmental action against such erring

officer in accordance with law. The State Government is

further directed to arrange periodic sensitisation

programmes for police personnel to ensure effective

implementation of the legal mandate relating to Zero FIRs.

(ii) The Secretary, Department of Women, Child Development

and Social Security, Government of Jharkhand is directed

to cure all the shortcomings and lapses existing in the ‘One-

Stop Centres’ as pointed out by the learned Amicus Curiae

without further delay. A women-headed committee shall

be constituted by the said department to receive the

complaints regarding functioning of ‘One-Stop Centres’ and

to supervise operations of the said centres by assessing

adequacy and quality of services so as to ensure victim-

centric delivery. The Committee shall submit annual

compliance and performance reports to the Secretary of

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50

the said department. In the event of any failure in

providing adequate and quality service in the ‘One-Stop

Centres’, the persons responsible shall be liable for

departmental/penal action.

(iii) The Department of Women, Child Development and Social

Security, Government of Jharkhand is directed to use “Nari

Niketan” (Shakti Sadan) at Ranchi also as shelter home for

the female victims of sexual violence without fixing any

maximum time limit for stay at that place, rather the

victims shall be allowed to stay there considering the facts

and circumstance of a particular case.

(iv) The Department of Women, Child Development and Social

Security, Government of Jharkhand is directed to widely

and regularly publicize the purpose, location and contact

details of the shelter homes/rehabilitation centres for

women victims through all means of communication viz.

print media, electronic media, hoardings/LED display board

at all public places.

(v) The Department of School Education and Literacy,

Government of Jharkhand is directed to appoint nodal

officers in every district to ensure that free and compulsory

education up to Class XII is given to the children born out

of rape incidents. In addition, the said department shall

provide scholarships to the meritorious children who are

selected in top/premier government institutions like IITs.,

NITs., AIIMs. or IIMs. etc. The nodal officer shall monitor

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51

the compliance of the direction of this court and if any

problem is faced by such children, he shall communicate

the Secretary of the said department, who shall promptly

resolve the same.

(vi) The courts dealing with the sexual offences are directed to

inquire about the need of interim relief to be given to the

victims of sexual offences immediately upon the receipt of

information and to pass appropriate order accordingly.

The trial courts are further directed to pass the order of

final compensation to the victims at the time of passing the

final judgment irrespective of it ending in acquittal or

conviction of the accused or even in case the accused is

not traced or has absconded. The quantum of

compensation awarded to the concerned victims shall be

just and reasonable taking into consideration the loss and

injury suffered by them.

(vii) The Department of Home, Jail & Disaster Management,

Government of Jharkhand and Jharkhand Legal Services

Authority are directed to pay the compensation, whether

interim or final, as awarded by the trial court to the victim

within a period of 30 days from the date of communication

of the order.

(viii) The Courts dealing with the sexual offences are directed to

try the cases by strictly adhering to the timeline provided

under section 346 of the BNSS, 2023 and no unnecessary

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52

adjournment shall be granted to the accused after

commencement of the trial.

(ix) The Director General of Police, Jharkhand is directed to

constitute a Special Task Force which shall quarterly

monitor the cases of sexual offences and ensure adherence

to the prescribed timelines by the prosecuting agencies so

as to ensure that no unnecessary adjournment is taken by

them during the trial.

(x) All media personnels, police officials, officers and staff of

the trial courts are directed to mandatorily follow the

direction of the Hon’ble Supreme Court rendered in the

case of Nipun Saxena (Supra.). The erring persons will

be subjected to departmental proceeding as well as penal

action by the competent authority of the concerned

department.

(xi) The Secretary, Department of Home, Jail & Disaster

Management, Government of Jharkhand is directed to

arrange training programme for the persons who are

dealing with the cases of sexual violence. The Principal

District and Sessions Judge of the concerned district shall

also ensure strict compliance of the provisions of BNSS,

2023 within the courts.

(xii) The police officers are directed to complete the preliminary

investigation of rape cases within fifteen days and the final

investigation within two months from the date on which

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53

the information is recorded by the officer- in-charge of the

concerned police station.

(xiii) The Superintendent of Police of all the districts are directed

to arrange immediate legal aid for the victims by trained

lawyers who will deal with the victims with all sensitivity

and not as mere clients. They should provide guidance to

the victims as to how they would get help of various nature

from different specialized agencies, such as emotional

counselling or medical assistance etc. Immediate care and

protection shall also to be extended to the victims under

POCSO Act within 24 hours of the incident which shall

include admitting the child into shelter home and her

medical examination.

(xiv) The Director General of Police, Jharkhand is directed to

ensure that the statement of victims of sexual offences is

recorded by female police officers.

(xv) The Secretary, Department of Home, Jail & Disaster

Management, Government of Jharkhand is directed to

periodically arrange sensitization programme for imparting

proper training to the police officers to ensure that friendly

environment is given to the rape victims while recording

their statements so that true facts are reflected in their

statements. No force or compulsion is to be imposed on

them while recording their statements.

(xvi) The Department of Home, Jail & Disaster Management,

Government of Jharkhand is directed to issue circular

2026:JHHC:16350-DB

54

prohibiting “two finger test” (if not yet issued) in all

government and private hospitals/medical institutions with

a further direction that violation of the said circular by any

person including doctor and para medical staff will be

treated as professional misconduct and the erring person

will be subjected to departmental proceeding.

(xvii) The State Government is directed to institutionalise

periodic legal awareness programme in a manner which is

easily understandable to the girls residing in remote areas

for which street plays or audio-visual tools may be used.

The State Government is also directed to arrange physical

self-defence programmes at the level of schools, colleges

and villages without charging any fee from them.

(xviii) If due to any social reason, the rape victims and their

family wish to shift their place of residence to some other

place, the State shall have a mechanism to rehabilitate

them at a place they wish to reside.

(xix) The State Government shall consider to designate the

number ‘181’ (i.e. women-centric helpline for sexual

violence, domestic abuse and gender-based emergencies)

as the primary helpline number with automatic back-end

linkage to the helpline number ‘112’ i.e. the emergency

response support system for immediate police, medical and

rescue response.

90. It is further clarified that the above directions are not exhaustive

and are in addition to the observations made in different

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55

preceding paragraphs. These shall, however, in no manner

preclude the respondent authorities from taking additional

measures to deal with the issues raised in the present PIL.

91. We appreciate the assistance given by the learned Amicus Curiae

in the present PIL.

92. Let copies of this judgment be forthwith forwarded to all the

concerned State authorities, the Principal District and Sessions

Judges of all districts in the State of Jharkhand including the

Judicial Commissioner, Ranchi; the Member Secretary, JHALSA;

the Director, Judicial Academy Jharkhand; and the District

Magistrates and the Superintendents of Police of all districts for

immediate and necessary compliance. The institutional district

heads are further directed to share this judgment with all

Magistrates, whether Judicial or Executive, for their information

and necessary action.

93. The present Public Interest Litigation is disposed of with the

aforesaid observations and directions.

94. Pending I.As., if any, are also disposed of.

(M. S. Sonak, C.J.)

(Rajesh Shankar, J.)

8

th

June, 2026

Sanjay/

A.F.R.

Uploaded on 08.06.2026