Justice A J. Bhambhani delivered the judgment on October 15 while dismissing a plea filed by a woman challenging the framing of gang-rape charges against her.
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The Delhi High Court has ruled that a woman can be charged with gang rape under the Bharatiya Nyaya Sanhita (BNS) if she acts as part of a group with the common intention to commit the offence, irrespective of gender.
Justice A. J. Bhambhani delivered the judgment on October 15 while dismissing a plea filed by a woman challenging the framing of gang-rape charges against her.
The court observed that Section 70 of the BNS and the corresponding Section 376D of the Indian Penal Code (IPC) hold every person involved in a group acting with the common intention to commit rape liable for gang rape.
“ The word ‘persons’ appearing in the said phrase must be construed in its gender-neutral form,” the court said, clarifying that the law does not restrict liability to men alone.
The case stems from allegations that the accused woman, who is the mother of the minor survivor, threatened her daughter with death if she refused to have sexual relations with a co-accused. According to the survivor’s statement, the woman allegedly forced her into sexual relations and remained present during the assaults.
The woman and the co-accused had challenged the framing of charges under various provisions of the BNS and the Protection of Children from Sexual Offences (POCSO) Act.
The court noted that the legal definition of rape had expanded through the 2013 amendment to include acts beyond penile-vaginal penetration.
However, it clarified that a woman cannot be charged with gang rape acting alone. The court left open the question of whether the term “man” in the definition of rape could be interpreted as gender-neutral.
Upholding the order framing the charges, the High Court dismissed the woman’s plea.