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This information is to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the local emergency numbers on 100 or 112 or 1098 for children
• contact your tour operator if you are travelling with one
• contact the British High Commission. You will find contacts details for our missions across India at /world/india

Embassy staff will be empathetic, non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

If you want to report the incident to the police in India

It’s best to report the incident before you leave India so the police can investigate properly. You have the right to choose whether to report or not. However, if you choose not to report it, the authorities may not be able to investigate the incident.

 Ideally, this should be done at a police station nearest to where the incident occurred. If that is not possible, you should report it to the closest available police station. Where possible, and if you wish, consular staff will make every attempt to support you through the process either on the phone or in person.

In India, a police complaint is a basic report of an incident. Serious complaints are then turned into First Information Reports (FIRs), Once an  FIR is filed  the police must begin an investigation.

While it could be possible to register an e-complaint online from outside India, you may still be expected to sign it in person within a certain time. The police may also  need you to be present in India in the initial stages of the investigation. You will be required to make a statement before a Magistrate, which must be done in person as it may be used as evidence in the trial. If you have left India and cannot return, you may be able to request this is done via a video call. This is however at the discretion of the Magistrate and may not be allowed. You should consider seeking legal advice about this.

If you need help appointing a lawyer, we have list you could consider choosing from.

Before you go to the police station

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British High Commission office, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the British High Commission on 011 2419 2100 and they can offer you consular support. You may also want to ask a friend or relative to go to the police station with you – many people find it helps not to be alone.

Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, texts or anything else you think may help. If you are unsure about something, preserve it.

At the police station

• Tell the police if you think you have been drugged.
• Ask for a copy of your complaint to the police or their First Information Report (FIR) and request a translation in English if applicable.

The police are not bound to provide an English translation of the report. However, you can have your statement, and the rest of the report read and explained to you in English by someone of your choice. Do this before you sign the report. You may, if you wish, write a detailed statement about the incident yourself and submit it to the police at the time of registering your complaint.

Most police stations will have a female police officer speak with you. If this is not the case, you can request for one if that is what you wish.

Where possible, and if you wish, consular staff will make every attempt to support you through the process either on the phone or in person.

Some police stations will also arrange for a local support organisation to support you. If you want this, ask if they can arrange it.

You can ask for an interpreter if the police do not speak English. You should be aware that it may take some time to arrange this.

You are likely to be asked to provide a detailed description of the incident and the events leading up to it. You may also be asked to give a description of the attacker and provide their identity if you know them. You do not need to answer questions about your sexual history or character, even if asked.

The police will also arrange for you to make a statement before a Judicial Magistrate. This is important as it can be used as evidence in the trial.

You cannot be compelled to give medical evidence, but it is advisable that you have a medical examination if you wish to file charges.

You do not have to surrender your passport whilst an investigation is carried out, but the police may want a copy of it. If the passport is taken by the police as evidence, you can make an application to the court for its release.

The state will appoint a Public Prosecutor who will take your case to court. You do not need to hire your own lawyer. However, you can do so if you wish to seek personal legal advice. You could if you want to also appoint your own lawyer to assist the Public Prosecutor; but they will have need the court’s permission to do so.

³§±ð±ðÌýour list of English-speaking lawyers

After making a statement

The police will take you for a medical examination. This will normally be at a government hospital.

The police may also take you to the scene of the crime, or where you think the attacker may be located.

Once the police have made an arrest, they will produce the attacker before the nearest magistrate, who will then remand them to either police or judicial custody.

You may be asked to formally identify them through an identification parade in the presence of the magistrate. The accused will continue to be in custody until the trial starts, or bail is granted.

You will also be asked to make a statement before a Magistrate, which must be done in person as it may be used as evidence in the trial. If you have left India and cannot return, you may be able to request this is done via a video call. This will however be at the discretion of the Magistrate and may not be allowed. You should consider seeking legal advice about this.

If you need help finding a lawyer see our list of English-speaking lawyers.

The initial investigation will take a few days following which you will usually be allowed to leave the country. If the police are reluctant to allow this, you can seek permission from the court.

If you do not want to report the incident to the police in India

The British High Commission will be able to help you. This includes:

• helping you to contact your insurance company and/or your family
• accompanying you to the local hospital where possible
• providing you with lists of English-speaking medical facilities, and
• helping you with arrangements to travel back to the UK
• providing you with information on local support in the UK

If you’re travelling with a tour operator, you can report the incident to them. They may be able to support you, including helping you get to a local hospital or speaking with the authorities.

You have the right to choose whether to report or not. However, if you choose not to report it, the authorities may not be able to investigate the incident.

You can get medical help even if you do not want to report the attack. You should be aware that hospitals must report sexual crimes to the police, and most do this automatically. You can however, tell the police that you do not want to press charges.

However, if you are a minor, a case will be registered against the attacker even without your consent.

The medical investigation reports and the doctor’s notes may be useful if you decide to report the crime at a later time.

The medical examination: what to expect

English may not be widely spoken in government hospitals in India. These hospitals can be busy and may not offer much privacy. The process of examination or reporting might not feel very sensitive. You have the right to ask for a private space during your examination.

You may be asked to describe what happened to the doctors. This helps them collect evidence and provide you with the right medical care.

If you want, you can ask for female police officers to accompany you. In some cases, staff from the British High Commission may also be able to be with you, depending on the time and location. You can also be accompanied by your tour operator, a local charity representative (if available), or trusted friends or family members.

Most government and many private hospitals are equipped to examine and treat victims of sexual assault. If they are not, they will refer you to another facility. All states in India are required to have 24/7 facilities called One Stop Centres (OSCs)  Ask the hospital or the police if this facility is available near you or look up the Indian government to find one near you.

Hospitals must report sexual crimes to the police, but you can tell the police if you don’t want to press charges.

A medical check-up is usually done by a female gynaecologist or a forensic doctor. If a female doctor isn’t provided, you can ask for one.

The check-up may include looking for bruises or injuries, a pelvic exam, swabs from vaginal, penile and anal areas, nail clippings, blood samples, and photos of injuries. Some of your clothes may also be kept as evidence

Treatment

Most government hospitals will be able to advise you on exposure to the HIV virus. They will also be able to prescribe ‘Post-Exposure Prophylaxis (PEP)’, which is a treatment that may be able to prevent HIV infection.

Emergency contraception is free at most government hospitals and can also be bought over the counter at private pharmacies without the need for a prescription.

Tests and treatment at government hospitals in India are generally free of cost, especially when the police are involved in your case. If the police are not involved, you may be asked to pay a small fee for some services.

If you choose to go to a private hospital, you or your travel insurance provider will need to cover the cost of treatment.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice, may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated so that police can obtain important evidence.

If you are in India and the crime took place here, you should report the crime here. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in India and you return to the UK, you can still report the matter to your local UK police.

The UK police should send the information you provide to India, where the crime happened. However, it is for the Indian police to decide whether to investigate a crime in their jurisdiction and they may decide to not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in India. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Court procedures in India: what to expect

Court proceedings in India can be lengthy. It’s not uncommon for cases to take several months to begin and even years to reach a final verdict.

If the accused is arrested, they have the right to apply for bail. If the court grants bail, the person will be released from custody while the case continues.

After an arrest, the police normally have up to 90 days to file a formal document called a chargesheet in court. This document outlines the evidence and the charges against the accused. You do not need to be present in court when the chargesheet is filed.

If the court finds there is enough evidence to proceed, it will formally frame charges against the accused. This marks the beginning of the trial.

Trial procedures

Trials are usually conducted in English. If the proceedings are in another language and you need help understanding them, you can request an interpreter from the court.

Trials in India can take a long time to finish sometimes several years. You don’t have to stay in India the whole time or attend every court hearing. But you might be asked to give evidence in court, usually in person. Sometimes, the court may allow you to do this by video call.

If you need to come in person, you’ll have to pay for your own travel and stay — the court won’t cover these costs.

The police might also ask you for another statement if the court orders further investigations.

During the trial, the accused person’s lawyer has the right to ask you questions. Once charges are filed, it is difficult to withdraw them, and the court may not approve if you try. There’s also a chance the accused could file counter charges against you.

Hiring a lawyer

You do not need to hire a private lawyer. A Public Prosecutor will represent your case in court on behalf of the State. However, if you prefer to have your own lawyer, they must first obtain the court’s permission. If approved, your lawyer may assist the Public Prosecutor during the trial.

The court will not automatically update the British High Commission on the progress of the case. We can make enquiries on your behalf, but the court is under no obligation to provide this information. You may be able to get updates directly from the Public Prosecutor or the police. Many Indian court are updated regularly and you may be able to track progress of your case online. You should consider hiring a lawyer if you want more detailed updates and are unable to get them yourself.  A list of English-speaking for India is available on the British High Commission website

Sentencing

If your attacker is found guilty, they will be sentenced by the court and likely face a prison term. This will depend on the charges for which they are found guilty. If found guilty of rape, the sentence can be from 10 years to life in prison. Rape convictions against minors can include the death penalty in some cases.

The accused has the right to appeal the verdict.

If they are acquitted, the Public Prosecutor may choose to file an appeal. Talk to the Prosecutor about this. You can also consider seeking independent legal advice.

If you need help finding a lawyer see our list of English-speaking lawyers.

Compensation

If convicted, the offender may be ordered by the court to pay compensation for any injuries or losses. However, this is purely discretionary, and courts normally recommend that you avail of state-funded compensation if this is available. You should speak to the police or the Public Prosecutor for advice on this. If you have a lawyer, they may also be to advise on whether you will be able to access this as a foreign national.

Media

Sexual assaults, especially related to foreign nationals, are widely reported by the local media. While it is an offence to disclose the identity of a victim of rape or sexual assault, reporters could obtain the details of the incident, including your court case, and may also get hold of personal information. As a result, you may see articles and news stories which you may find very distressing. It is not usually possible to have these removed or amended. The British High Commission can provide further support and advice on handling the media should this become an issue.

Support organisations in India

It is your choice to let people know. If you are ready to talk about it, consular staff at the British High Commission may be able to refer you to local NGO partners who can help.

You can also contact the in the UK for free and confidential support while you are still in India.

When you return home to the UK

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country where the assault took place.

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

Location	Service
England	, or search online for ‘NHS SARC’
Scotland	Archway SARC, or phone 0141 211 8175
Wales	New Pathways SARC, or phone 01685 379 310 Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland, or phone 0800 389 4424

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK

Disclaimer

This information has been prepared by UK Government officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither the UK Government nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (2 February 2022).