The Supreme Court took up on its own (suo motu) the failures of the police and civil administration in recent rape cases in Delhi-NCR. It issued directions to make public spaces safer and ordered safety audits to be completed within four weeks.
Safety audits usually look at street lighting, CCTV coverage, police patrolling and transport points. If you face harassment or violence, call 112 (emergency) or 181 (women helpline) immediately. You can also register a Zero FIR at any police station, whatever the place of the incident.
The Supreme Court can take up a matter on its own, called suo motu cognizance, under Article 32 of the Constitution where fundamental rights such as the right to life and dignity under Article 21 are at stake. On the criminal law side, Section 173 of the BNSS [old Section 154 CrPC] requires the police to register information about a cognizable offence regardless of where it took place, which is the basis of the Zero FIR. Section 199 of the Bharatiya Nyaya Sanhita, 2023 [old Section 166A IPC] punishes a public servant who fails to record information about certain sexual offences.
In practice, a survivor can report at any police station, and the FIR is then transferred to the station with jurisdiction. The statement of a woman reporting a sexual offence is to be recorded by a woman police officer. Hospitals must give free first aid and medical treatment to survivors of such offences, and survivors can seek compensation through the State or District Legal Services Authority.
A Zero FIR is an FIR registered by a police station even though the offence took place outside its area. Under Section 173 of the BNSS, the police must record information about a cognizable offence irrespective of where it happened. The FIR is then transferred to the police station that has jurisdiction.
You can send the complaint in writing to the Superintendent of Police or Deputy Commissioner of Police. You can also approach the Magistrate. For certain sexual offences, a public servant who fails to record the information can be punished under Section 199 of the Bharatiya Nyaya Sanhita.
It means the court starts a case on its own, without a formal petition from any party, usually because a serious public issue has come to its notice. The Supreme Court can do this to protect fundamental rights, and it can then issue directions to governments and authorities.
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