- Delhi HC rules women can be charged for facilitating gang rape.
- Judgment clarifies Section 376D IPC and Section 70 BNS.
- Addresses loophole allowing women facilitators to evade severe charges.
Gangrape Case: The Delhi High Court on Thursday delivered a landmark ruling that under the criminal law, a woman can be charged with the offence of gang rape even if she herself has not committed the physical act but facilitated the victim's rape. The judgment addressed the loophole that previously allowed women facilitators to evade severe gang rape charges.
What Is The Matter?
The crucial ruling came in a case related to a woman who allegedly forced her minor daughter to have sexual relations with a co-accused. Justice Anup Jairam Bhambhani passed the judgment while dismissing a plea challenging the framing of charges against the accused mother, who was involved in the crime.
What The Court Said On Woman's Involvement In Gang Rape
"This court is of the view that there is no basis to hold that a woman cannot be charged with the offence of gang rape under section 376D IPC and section 70 BNS. The query posed in the present judgment is answered accordingly," the High Court said.
Can A 'Woman' Be Charged With The Offence Of 'Gang Rape'?
The court was answering a question which arose for its consideration -- "Can a 'woman' be charged with the offence of 'gang rape' under section 376D IPC/section 70 BNS?" According to Section 70 (gang rape) of Bharatiya Nyaya Sanhita, "where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, and with fine".
Dealing with the interpretation of Section 70 BNS, Justice Bhambhani said in the opinion of this court, the use of the phrase "deemed to have committed the offence of rape" is clearly reflective of the legislative intent that, for being liable to be charged with the offence of 'gang rape', every person who constitutes a group or acts in furtherance of a common intention need not have individually committed the offence of rape.
The court clarified that its ruling does not mean a woman acting alone can be charged with gang rape. It also said it was not expressing any opinion on whether the word "man" in the post-2013 section 375 IPC or section 63 BNS is gender-neutral or not. The case arose from an FIR registered at Delhi's Bhalswa Dairy police station in July 2024.
(With PTI Inputs)