Story perspectives

Delhi High Court allows charging woman for gang rape

By Drooid · Oct 16, 2026, 4:16 AM UTC · How we work

Summary

Delhi High Court expands

Delhi High Court ruled a woman can be charged with gang rape even without committing the assault.
Justice Anup Jairam Bhambhani issued the October 15, 2026 judgment dismissing the petition.
The court applied Section 376D IPC and Section 70 BNS, interpreting “persons” gender-neutral.
The High Court upheld the trial court’s Jan 17, 2025 order and said a woman acting alone cannot be charged.

Summary

Police record statement

Police recorded the victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita on October 4, 2024.
The victim was taken to BJRM Hospital for a medical examination on October 1, 2024.
The victim refused an internal medical examination during the hospital assessment.

History

Historical Context

In 2014, India's Supreme Court delivered the National Legal Services Authority v. Union of India judgment, affirming gender-neutral language in statutes. Justice Ranjana Prakash Desai wrote that all central and state statutes must use the gender-neutral term ‘person’, influencing 13 newly added IPC sections. The Delhi High Court’s October 15, 2026 ruling, authored by Justice Anup Jairam Bhambhani, invoked Section 376D IPC and Section 70 BNS, applying neutral definition to charge a woman. This alignment signals expanding judicial willingness to extend criminal liability irrespective of gender, prompting law-makers to revisit statutes like the Bharatiya Nagarik Suraksha Sanhita.

1 of 3

Delhi High Court expands

Delhi High Court ruled a woman can be charged with gang rape even without committing the assault.
Justice Anup Jairam Bhambhani issued the October 15, 2026 judgment dismissing the petition.
The court applied Section 376D IPC and Section 70 BNS, interpreting “persons” gender-neutral.
The High Court upheld the trial court’s Jan 17, 2025 order and said a woman acting alone cannot be charged.

1 / 3