What constitutes rape and the steps that need to be taken in investigation of this offence need to be clearly understood to see the manner in which the UP Police and administration has been misleading people on the law of the land. The law for rape and sexual assault were amended in 2013 and then subsequently in 2018 to bring in harsher punishments for certain categories of rape. The punishment for gang rape was increased to a minimum term of 20 years extending to life, i.e., the remainder of a person’s life. After Nirbhaya, the 2013 amendment brought about, as a result of a s campaign by women’s groups and organizations for several years, introduced new offences within the Penal Code Section 354 also including disrobing a woman which has a minimum punishment of three years and a maximum of seven years. Apart from gang rape and murder this would be yet another offence in the Hathras Gang rape case.