In June, a woman in Begusarai district, Bihar, went to her village panchayat to report that a neighbour had raped her. Instead of calling the police, the panchayat held what it called an “informal court.”
The video that surfaced in late July showed her being forced to lick spit off the ground. The accused man was also punished by the villagers. No FIR was filed that day.
It was only after the clip went viral that police registered an FIR on August 1 and began investigating two things: the original allegation of rape, and the panchayat’s actions. Some locals now dispute the rape claim, saying it was a consensual relationship. That part is still under investigation.
But the second part is not in dispute on video: a constitutional process was bypassed, and a crime was met with humiliation instead of law.
This is not the first time. Weeks earlier in Khagaria district, another woman who complained about sexual assault was allegedly forced to lick spit and drink urine by villagers after she went to the accused’s father.
So what does legal accountability actually look like when a panchayat acts first?
What Happened In Begusarai: The Timeline
June: Woman alleges rape by a neighbour. Matter taken to village panchayat instead of police station.
Panchayat “verdict”: Both the woman and the accused were publicly humiliated. Video shows her being forced to lick spit.
Late July: Video circulates on social media. District administration takes note.
August 1: FIR filed at the local police station. Charges include rape under BNS and offences related to wrongful confinement, assault and criminal intimidation. Police also named panchayat members for interfering.
Current status: Police say they are investigating both the assault allegation and the panchayat’s conduct. Some villagers claim it was a consensual affair, which police are verifying through statements and evidence.
The delay between June and August is what legal experts point to as the core problem: evidence degrades, witnesses are influenced, and the survivor faces social pressure.
The Law: What the Constitution and BNS Say
India has no legal provision that allows a panchayat to adjudicate a criminal case like rape.
- Rape is a cognizable, non-compoundable offence under the Bharatiya Nyaya Sanhita, 2023. Only the police can register an FIR and investigate. Courts alone can convict.
- Obstruction and illegal punishment: Panchayat members who assault, confine, or humiliate can be charged under BNS sections for hurt, wrongful restraint, criminal intimidation, and public nuisance.
- SC/ST Act: If the survivor belongs to a Scheduled Caste or Tribe, additional provisions apply for atrocities and social boycott.
- POCSO: If the survivor is a minor, the case falls under POCSO, which mandates immediate police reporting and has strict timelines.
The Supreme Court has repeatedly said that khap panchayats and caste panchayats have no legal authority to deliver “justice” in criminal matters. Their orders are void.
Why Panchayats Step In: The Village Logic
Police and rights groups in Bihar say 3 reasons keep coming up:
- Speed and access: Police stations can be 10-20 km away. A panchayat meets the same evening.
- Community honour: Families and village elders often treat sexual assault as a matter of reputation, not a crime. Their goal is to “settle” it quietly.
- Distrust of police: Fear of not being believed, of delays, or of retaliation. In some cases, police themselves send people back to the panchayat.
The result is what happened in Begusarai and Khagaria: punishment designed to shame, not to establish facts. Licking spit, tonsuring hair, fines, social boycott.
Legal Accountability After the Fact
Once the case comes to the police, the law has two tracks:
The original complaint: Police must register an FIR, do a medical examination within 24 hours, record the survivor’s statement before a magistrate under Section 183 BNSS, and investigate. If evidence supports it, a chargesheet is filed in court. The “consensual” counter-claim will be tested against evidence, not village opinion.
The panchayat’s actions: Those who organised the illegal court can face charges. In similar cases, courts have jailed panchayat heads for contempt of law and for violating a survivor’s dignity. In 2022, the Supreme Court upheld that anyone who conducts parallel courts in criminal matters can be prosecuted.
Victims can also file a writ petition for compensation and protection. Under the Victim Compensation Scheme, Bihar provides financial aid to rape survivors regardless of conviction.
The Bigger Pattern: Humiliation As A Deterrent- Begusarai and Khagaria fit a pattern documented by NCRB and women’s rights groups: women who report sexual assault in rural areas often face a second assault, of being disbelieved, blamed, or punished publicly.
NCRB data shows Bihar registered over 1,400 rape cases in 2023. NGOs say the number of cases that never reach the police is higher because of panchayat interventions. The goal of public humiliation is not justice. It’s to signal to other women: don’t report.
What Needs To Change
Immediate FIR mandate: Police must be penalised for refusing to register. The 2013 Supreme Court Lalita Kumari judgment is clear: FIR first, inquiry later.
Awareness in villages: Every panchayat should have a board stating: “Rape = Police Case. Panchayat has no role.” ASHA and anganwadi workers need training to direct survivors to police, not elders.
Fast-track courts: Delays push people toward panchayats. Bihar’s fast-track courts need more judges and forensic support.
Protection: Survivors who go to police should get immediate protection orders so panchayats cannot retaliate.
Legal accountability after a panchayat acts first will always be slower and messier. Evidence is lost, narratives shift, and the survivor has already been traumatised twice.
The Begusarai FIR is a start. But the real test is whether the next woman who is assaulted in a Bihar village is sent to the police station first, not to the chaupal.
References:
- Begusarai panchayat forces rape complainant to lick spit, FIR filed – The Hindu https://www.thehindu.com.
- Video of Bihar panchayat punishment goes viral, police probe – Indian Express https://indianexpress.com
- Similar incident in Khagaria: woman forced to lick spit – Times of India https://timesofindia.indiatimes.com
- Supreme Court on khap panchayats having no legal authority – LiveLaw https://www.livelaw.in.
- NCRB Crime in India 2023: Rape cases Bihar – National Crime Records Bureau https://ncrb.gov.in/crime-in-india-2023