Ishika Bansal

Intern at UB Advocates
Bansalishi22@gmail.com
740-475-7177
08 February 2022
My dear Kanchan

Thank you very much for contacting me for seeking legal opinion regarding your case
pertaining to being a witness in your rape case. I have read the facts of your case.

Accordingly, in my opinion, I will advise you to not to drop the case on the account of being
conscious that your identity might be revealed and may act as hindrance in your nuptial
negotiations. A rape victim and witness has been provided by many rights in order to protect
their identity. The law provides that the statement will be recorded and trial will take place in
the Court of a Lady Magistrate. It is also provided that you can’t be asked about your previous
sexual experience. Further, you can appear before the Court behind a translucent glass in
order to not to reveal your identity to anyone. It has also been provided that nothing can be
published without the permission of the Court. Even if the Court permits the publication, it will
be subject to confidentiality of name and address. There are provisions so that you don’t have
to confront the accused and special waiting rooms have also been established. According to
law, the statements have to be recorded in presence of the accused but in your case, it is not
mandatory. Further, witnesses can maintain their confidentiality and record their statements
with some other name and address and police protection is provided too. Therefore, you can be
assured that your identity will not be compromised.

My opinion is supported by Sections 164(5-A), Proviso to S26 (a), 327 (2), 327 (3), 309(1), 173
(1A), 230 and 273 of Criminal Procedure Code, 1973 and further by rulings of the court in
State of Kerala v Rasheed AIR 2019 SC 721 and Mahender Chawla v UOI 2018 SCC Online SC
1778.

Further my opinion is based on the YouTube video RIGHT TO TIME-BOUND INVESTIGATION

& TRIAL WITH DIGNITY, SPEED AND PROTECTION: RIGHTS OF RAPE VICTIM of Jeevan

Sd/-
Ishika Bansal
Intern at ubAdvocate
 Ishika Bansal
Intern at UB Advocates
Bansalishi22@gmail.com
740-475-7177
Prakash, AOR, Supreme Court and I believe that this is the correct opinion, upon which you
can act safely.

Sd/-
Ishika Bansal
Intern at ubAdvocate