What are the rights of a sexual offence survivor in Odisha, and how does the victim compensation scheme work?

If you need help now

• 112: the national emergency number for police, ambulance and urgent help, anywhere in Odisha.
• 181: the women's helpline, linked to every One Stop Centre in the state.
• Any hospital, government or private, must give first aid and medical treatment free of cost (see below).

If the survivor is below 18, the POCSO Act applies and the steps are different; see the POCSO Act explained. Harassment at work is covered in workplace sexual harassment in Odisha, and violence at home in domestic violence protection in Odisha.

One Stop Centres in Odisha

The Women and Child Development Department runs One Stop Centres (also called Sakhi centres), with 39 centres functioning across all 30 districts. A woman affected by violence, including sexual assault, can get emergency response, help with the police, medical assistance, legal aid, counselling and temporary shelter in one place. Each centre is linked with the 181 helpline. The list of centres is on the department's website.

Reporting a sexual offence: FIR and zero FIR

The law since 1 July 2024 is in the Bharatiya Nyaya Sanhita, 2023 (BNS, offences) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, procedure). Key points when reporting:

• Zero FIR: information can be given at any police station, whatever the place of the offence (Section 173(1) BNSS). The station must register it and transfer it to the station with jurisdiction.
• Electronic report: information can be given by electronic communication; it must be signed by the informant within three days to be taken on record.
• Woman officer: information from a woman about a sexual offence is to be recorded by a woman police officer. If the survivor has a disability, it may be recorded at her home or a place of her choice, with an interpreter or special educator where needed, and videographed.
• Free copy: a copy of the FIR must be given free of cost to the informant or victim (Section 173(2)).
• A police officer who fails to record information about such an offence commits an offence under the BNS.

There is no fixed time limit for reporting a sexual offence. A delay can be explained, and courts recognise that survivors often need time. If the police do not register an FIR, a complaint can go to the Superintendent of Police or the Commissioner of Police (Bhubaneswar-Cuttack), or to the Magistrate; see how to file an FIR in Odisha.

Medical examination and free treatment

• Consent: a medical examination of the survivor is done only with her consent, or that of a person competent to consent on her behalf, by a registered medical practitioner, ordinarily within 24 hours of the information (Section 184 BNSS).
• Report in seven days: the doctor must send the report to the investigating officer within seven days (Section 184(6)).
• Free treatment: every hospital, public or private, including those run by local bodies, must give free first aid or medical treatment to a survivor of rape and certain other offences, and inform the police (Section 397 BNSS, old Section 357C CrPC).
• The Supreme Court has prohibited the so-called two-finger test, and medical examination is to follow guidelines that respect dignity and privacy.

Giving a statement

• The survivor's statement to the police is to be recorded through audio-video electronic means, which may include a mobile phone (proviso to Section 176).
• A woman cannot be required to go to the police station to give a witness statement; it can be recorded where she lives (Section 179).
• Her statement before a Magistrate (Section 183) is to be recorded, where practicable, by a woman Magistrate, or by a male Magistrate in the presence of a woman.

Investigation and trial

• The investigation into rape must be completed within two months of the information (Section 193(2)).
• The police must inform the informant or victim of the progress of the investigation within 90 days, including by electronic means (Section 193(3)).
• Trials of rape and related offences under BNS Sections 64 to 68, 70 and 71 are held in camera, as far as practicable by a woman judge (Section 366(2) BNSS).
• The survivor may engage an advocate to assist the prosecution, and in certain rape cases the informant must be given a chance to be heard when the accused applies for bail. Free legal aid is available to every woman, whatever her income, under the Legal Services Authorities Act, 1987. See free legal aid in Odisha.

The overall stages of the case are explained in the criminal case process in Odisha.

Privacy: the survivor's identity is protected

Printing or publishing the name, or any matter that may make known the identity, of a survivor of rape and related offences is punishable under Section 72 BNS (old Section 228A IPC), with limited exceptions. Court proceedings in such trials cannot be printed or published without the court's permission (Section 366(3) BNSS). In Nipun Saxena v. Union of India (2018), the Supreme Court directed that the identity must not be disclosed even in a remote way, including on social media, and that FIRs in such cases are not to be put in the public domain. Sharing a survivor's name or photo on WhatsApp or other platforms can itself be an offence.

Victim compensation scheme in Odisha: how to apply

Section 396 BNSS (old Section 357A CrPC) requires every State to have a scheme to compensate victims who need rehabilitation. In Odisha this is the Odisha Victim Compensation Scheme, 2017, amended in 2018 to make compensation for sexual assault gender-neutral and to raise the amounts. Compensation for women survivors of sexual assault also follows the scheme framed by NALSA in 2018 on the Supreme Court's directions. Amounts are revised from time to time, so check the current schedule with the Legal Services Authority.

1. Where to apply: the District Legal Services Authority (DLSA) at the district court, or the Odisha State Legal Services Authority in Cuttack. The trial court can also recommend compensation, even after an acquittal or where the offender is not traced.
2. Who can apply: the survivor or, where appropriate, her dependants. An application can be made once the offence is reported; a conviction is not required.
3. Interim relief: immediate first aid or medical benefits and interim compensation can be ordered on a certificate from the police officer or Magistrate.
4. Papers usually needed: a copy of the FIR, medical report, identity proof, bank account details and any court order. The DLSA helps prepare the application.

Compensation under the scheme is in addition to any fine or compensation the trial court orders the offender to pay.

Witness protection and support

If the survivor or a family member is threatened, tell the investigating officer, the Superintendent of Police and the court. The court can pass directions for protection, and threatening a witness is itself an offence. One Stop Centre staff and DLSA paralegal volunteers can help the survivor through the process. Information on criminal matters handled is on the criminal practice area page, and court details are under courts.

Frequently asked questions

Official sources

• Women and Child Development Department, Odisha: One Stop Centres
• Press Information Bureau: new criminal laws, provisions for women (May 2024)
• Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023 (India Code)
• Odisha State Legal Services Authority
• Supreme Court: Nipun Saxena v. Union of India (2018)

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.