Jharkhand HC Issues Sweeping Directions on Rape Victim Rights: Zero FIR, Compensation, Education, and Two-Finger Test Ban
A Division Bench of the Jharkhand High Court disposed of a PIL with nineteen binding directions covering Zero FIR compliance, One-Stop Centre reform, victim compensation timelines, and a ban on the two-finger test.
On 8 June 2026, a Division Bench of the High Court of Jharkhand at Ranchi, comprising the Chief Justice and Justice Rajesh Shankar, disposed of W.P. (PIL) No. 2253 of 2024 with nineteen specific directions addressed to the State Government, the Director General of Police, trial courts, and the Department of Women, Child Development and Social Security. The PIL had originally been filed by Ms. Padma Baraik seeking relief for rape survivors across nine areas. A Co-ordinate Bench took suo motu cognizance of the broader issues on 24 September 2025, converting the matter into a court-driven exercise. The judgment, authored by Justice Rajesh Shankar, addresses failures in Zero FIR registration, deficiencies in One-Stop Centres across all 24 districts of Jharkhand, non-payment of compensation, identity disclosure by media, continued use of the two-finger test, and the absence of structured rehabilitation for survivors.
The Dispute Before the High Court
Ms. Padma Baraik filed the PIL seeking directions on nine issues: mandatory Zero FIR registration, accommodation for rape survivors, compensation and speedy trial, free education for children born of rape, media prohibition on identity disclosure, humane police conduct, abolition of the two-finger test, legal and physical awareness programmes, and job-oriented training for survivors.
On perusal of the record, the bench found that Ms. Baraik had been insisting on espousing her personal cause, which could not be entertained in a PIL. The Co-ordinate Bench therefore took suo motu cognizance and permitted her to assist as an intervenor, with liberty to pursue her individual cause separately. Her notes of suggestion, filed in Hindi, were taken on record.
Mr. Sumeet Gadodia was appointed Amicus Curiae by order dated 2 May 2024. He filed detailed notes pursuant to an order dated 29 January 2026. The Jharkhand Legal Services Authority (JHALSA), represented by Mr. Atanu Banerjee, also filed notes of suggestion. The State filed a counter affidavit. The matter was reserved on 4 May 2026 and pronounced on 8 June 2026.
Zero FIR: Persistent Non-Compliance Despite Binding Law
The bench traced the legal position on Zero FIR through the Supreme Court's decisions in Satvinder Kaur v. State (Govt. of NCT of Delhi) (1999) 8 SCC 728 and Lalita Kumari v. Govt. of Uttar Pradesh (2014) 2 SCC 1, both of which make clear that a police officer cannot refuse to register an FIR on grounds of territorial jurisdiction. The Ministry of Home Affairs had issued advisories on 10 May 2013, 5 February 2014, and 12 October 2015 reiterating this obligation. Section 173 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 now codifies the Zero FIR requirement, and the Bureau of Police Research & Development issued a detailed SOP on 28 June 2024.
Despite this framework, the bench found that mandatory provisions were still not being scrupulously followed, resulting in delay in medical examination of rape victims and POCSO victims and in recording of their statements, thereby jeopardising prosecution cases. Refusal to register a Zero FIR attracts prosecution under Section 199 of the Bharatiya Nyaya Sanhita (BNS), 2023 and departmental action.
The DGP was directed to issue binding instructions to all police stations requiring mandatory Zero FIR registration, with periodic monitoring. Non-compliance is to attract both penal and departmental proceedings against erring officers, with personal accountability extending to supervisory officers including Superintendents of Police.
One-Stop Centres: District-by-District Deficiencies
The State's counter affidavit confirmed that One-Stop Centres (OSCs) are functioning in all 24 districts of Jharkhand under the “Mission Shakti” umbrella scheme, offering medical assistance, legal support, police assistance, psychological counselling, and shelter for a maximum of 10 days. JHALSA pointed out that there is currently no shelter home in Ranchi for survivors above 18 years for longer-term stays.
The Amicus Curiae placed before the court a district-by-district chart of OSC conditions. The bench reproduced it in full. Centres in Jamshedpur, Dumka, Hazaribagh, Pakur, and Seraikella-Kharsawan were rated poor. Jamshedpur's centre is located on the third floor without lift access, has no housekeeping, no cook, non-functional kitchen, poor sanitation, and no inmate is currently residing there due to security risks. Seraikella-Kharsawan has only one of thirteen sanctioned posts filled. Several other centres lack CCTV cameras, fire extinguishers, functional kitchens, safe drinking water, and adequate staff.
The bench directed the Secretary, Department of Women, Child Development and Social Security to cure all shortcomings without further delay. A women-headed committee is to be constituted to receive complaints, supervise OSC operations, and submit annual compliance and performance reports. Failure to provide adequate services will attract departmental and penal action against responsible persons.
Separately, “Nari Niketan” (Shakti Sadan) at Arsande, Kanke, Ranchi, which had been made functional during the pendency of the PIL, is directed to be used as a shelter home for female victims of sexual violence without any fixed maximum period of stay. The court noted that despite its order dated 14 November 2025 directing the Secretary to file a fresh counter affidavit on the purpose of Nari Niketan, no such affidavit had been filed.
Compensation: Mandatory Orders at Trial Stage, 30-Day Payment Window
The bench grounded its directions on the NALSA Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, which was drafted in compliance with the Supreme Court's directions in Nipun Saxena & Anr. v. Union of India & Ors. (2019) 2 SCC 705, and on Section 396 of BNSS, 2023, which requires every State Government to prepare a victim compensation scheme applicable even where the offender is not traced or convicted.
The bench directed that courts dealing with sexual offence cases shall, immediately upon receipt of information by registration of FIR, enquire into the immediate needs of the victim and pass an order for interim compensation or rehabilitation after hearing the parties. At the conclusion of the case — whether ending in conviction, acquittal, or where the accused is not traced or has absconded — the trial court shall award just and reasonable final compensation. The quantum is to reflect the loss and injury suffered by the victim.
Compensation, whether interim or final, must be paid to the victim within 30 days from the date of the order. The Department of Home, Jail & Disaster Management and JHALSA are jointly directed to ensure this payment timeline. Sessions and Special Courts are directed to pass compensation orders as part of the final judgment itself, without requiring a separate application from the victim.
On trial timelines, courts are directed to strictly adhere to Section 346 of BNSS, 2023, which prescribes completion of inquiry or trial within two months from the date of filing of the chargesheet for offences under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023. No unnecessary adjournment is to be granted to the accused after commencement of trial, and when witnesses are in attendance, no postponement is permitted without examining them except for special reasons recorded in writing.
Free Education to Class XII for Children Born of Rape
The bench accepted the Amicus Curiae's suggestion that free education should extend beyond the 6–14 age bracket under Article 21A of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009. It directed the Department of School Education and Literacy to appoint nodal officers in every district to ensure free and compulsory education up to Class XII for children born out of rape incidents.
Nodal officers are also to ensure that meritorious children who are selected in premier government institutions such as IITs, NITs, AIIMs, or IIMs are provided scholarships by the State Government. Any difficulty faced by such children is to be communicated to the Secretary of the department for prompt resolution.
Identity Protection, Two-Finger Test, and Police Conduct
On identity disclosure, the bench reiterated the directions issued by the Supreme Court in Nipun Saxena and the statutory prohibitions under Section 72 of BNS, 2023 and Section 23 of the POCSO Act, 2012. All documents containing the victim's name are to be kept in sealed cover, with redacted versions for public access. The DGP is to issue a circular mandating non-disclosure of victim identity during FIR, chargesheet preparation, and recording of statements. Non-compliance will attract departmental proceedings and penal action. Principal District and Sessions Judges are to ensure strict compliance within courts.
On the two-finger test, the bench relied on Lillu @ Rajesh & Another v. State of Haryana (2013) 14 SCC 643 and State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai (2022) 14 SCC 299, as well as the Ministry of Health and Family Welfare guidelines dated 19 March 2014, which strictly prohibit the per vaginum examination. The State of Jharkhand is directed to issue a circular prohibiting the two-finger test in all government and private hospitals and medical institutions. Any violation is to be treated as professional misconduct, attracting departmental proceedings.
On police conduct, the bench directed that preliminary investigation of rape cases must be completed within fifteen days and final investigation within two months from the date of recording of information, in accordance with Section 193 of BNSS, 2023. Statements of victims of sexual offences are to be recorded by female police officers. Superintendents of Police are directed to arrange immediate legal aid for victims through trained lawyers who will deal with them with sensitivity. Immediate care and protection under the POCSO Act must be extended within 24 hours of the incident, including admission to a shelter home and medical examination.
Awareness Programmes, Rehabilitation, and Helpline Integration
The State is directed to institutionalise periodic legal awareness and physical self-defence programmes at school, college, and village levels. The self-defence training under the “Rani Laxmi Bai Aatma Raksha Prashikshan (RAKSHA)” scheme, currently funded at Rs. 5,000 per school per month for three months for girls of Class VI to XII in government schools and Kasturba Gandhi Balika Vidyalayas, is to have its funding enhanced and utilisation regularly scrutinised. Awareness programmes in remote areas are to use street plays and audio-visual tools.
The State is directed to formulate and implement a scheme for providing employment or placement assistance to rape victims in government or private sectors or through skill development programmes, with JHALSA acting as a bridge between survivors and employers.
The bench also directed the State to consider designating helpline number 181 as the primary women-centric helpline for sexual violence, domestic abuse, and gender-based emergencies, with automatic back-end linkage to the emergency response number 112. On social rehabilitation, the bench observed that victims and their families are sometimes socially ostracised and compelled to leave their place of residence. The State is directed to have a mechanism to rehabilitate them at a place of their choice if they wish to shift.
Dissemination and Monitoring
The DGP is directed to constitute a Special Task Force for sexual offence cases to ensure proper investigation and production of witnesses before trial courts, with quarterly monitoring of adherence to prescribed timelines. The Judicial Academy Jharkhand is among the recipients of the judgment for training purposes.
Copies of the judgment are directed to be forwarded to all concerned State authorities, Principal District and Sessions Judges of all districts including the Judicial Commissioner, Ranchi, the Member Secretary of JHALSA, the Director of the Judicial Academy Jharkhand, and the District Magistrates and Superintendents of Police of all districts for immediate compliance. Institutional district heads are further directed to share the judgment with all Magistrates, whether Judicial or Executive.
Order
W.P. (PIL) No. 2253 of 2024 was disposed of on 8 June 2026 with nineteen directions summarised in paragraph 89 of the judgment. The bench clarified that the directions are not exhaustive and do not preclude the respondent authorities from taking additional measures. All pending interlocutory applications were also disposed of. The bench placed on record its appreciation for the assistance rendered by the Amicus Curiae.