Full Breakdown
Delhi High Court Rules Women Can Be Charged With Gang Rape When They Facilitate the Crime
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Core Judgment
On October 15, a bench of Justice Anup Jairam Bhambhani held that a woman may be charged with the offence of gang rape under Section 376D of the IPC and Section 70 of the Bharatiya Nyaya Sanhita (BNS) even if she did not personally commit the sexual act. Liability arises from participation in a group or acting in furtherance of a common intention, not from the physical act itself. The court did not decide whether the word “man” in the definition of rape under Section 375 IPC or Section 63 BNS is gender-neutral.
Background of the Case
The matter stemmed from an FIR lodged at Bhalswa Dairy police station on July 9, 2024. The minor victim alleged that her mother repeatedly threatened and forced her to have sexual relations with a co-accused. Assaults were recorded from December 23, 2023 through July 8, 2024. The victim returned to the police station on October 1, 2024, was examined at BJRM Hospital, and gave a formal statement on October 4, 2024 under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Legal Reasoning
The court examined Section 70 BNS, which deems every “person” in a group as having committed rape. Justice Bhambhani interpreted “persons” in a gender-neutral manner, emphasizing that the legislative intent is to hold each participant liable regardless of who performed the physical act. The judgment distinguished the gang-rape provision from the definition of rape in Section 375 IPC and Section 63 BNS, stating that the former is a separate substantive offence.
Amicus curiae Advocate Rohan J Alva argued that gender should not affect liability if the individual contributed to the common intention, a view accepted by the Delhi Police.
The court also upheld charges under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, relying on its earlier decision in Sundari Gautam vs State of NCT of Delhi (2024), which held that aggravated penetrative sexual assault under the POCSO Act is gender-neutral.
Official Statements & Responses
- The court noted that “common intention” can be shared by any participant, irrespective of gender, and that a woman acting alone cannot be charged with gang rape under the current interpretation.
- The judgment affirmed the trial court’s order dated January 17, 2025, which had framed charges against the woman and another accused under the relevant statutes.
Timeline of Key Events
- December 23, 2023 – Victim alleges threat of death and forced sexual relations.
- July 9, 2024 – FIR registered at Bhalswa Dairy police station.
- July 8, 2024 – Victim leaves home after another threat.
- October 1, 2024 – Victim taken to BJRM Hospital for medical examination.
- October 4, 2024 – Victim’s statement recorded under BNSS.
- October 15, 2024 – Delhi High Court delivers the judgment on gang-rape liability.
- January 17, 2025 – Trial court’s order framing charges, later upheld by the High Court.
Verbatim Quote
- “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.” — Bharatiya Nyaya Sanhita