Now Reading: Delhi HC: Women Can Face Gang Rape Charges Even Without Physical Act
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Delhi HC: Women Can Face Gang Rape Charges Even Without Physical Act
The Delhi High Court has ruled that a woman can be charged with gang rape under Section 376D of the IPC and Section 70 of the Bharatiya Nyaya Sanhita even if she did not personally commit the act of rape, as long as she participated with a common intention. Justice Anup Jairam Bhambhani held that the word 'persons' in the gang rape provisions cannot be restricted to men and must be interpreted in a gender-neutral manner. The court dismissed a woman's plea challenging a trial court order framing charges against her and another accused under the BNS and the POCSO Act.
The court distinguished between the definition of rape, which refers to a male perpetrator, and the separate offence of gang rape, which it said is a substantive provision not confined to that definition. It also upheld the charge under Section 6 of the POCSO Act, relying on its earlier decision that penetrative sexual assault under that law is gender-neutral. However, the court clarified that a woman acting alone cannot be charged with gang rape, and left open the question of whether the definition of rape itself is gender-neutral. The trial court's order dated 17 January 2025 was upheld.
Indian Opinion Analysis
Both livelaw.in and abplive.com reported the ruling in a straight, neutral style, with no discernible slant. Livelaw.in led with the court's legal reasoning on the word 'persons' and the distinction between gang rape as a separate offence and the definition of rape, while abplive.com emphasised the practical implication that a woman's participation and common intention, not the physical act, can attract charges. Neither outlet omitted key qualifiers, such as the court's refusal to decide on the gender neutrality of the rape definition itself. The coverage is uniform straight reporting, so the story stands on the court's own words. The open question left by the court remains the key point to watch: whether the definition of rape under Section 375 IPC or Section 63 BNS will ever be interpreted as gender-neutral in a future case.
Coverage: 2 sources, 2 neutral
Sources (2): livelaw.in (neutral report), abplive.com (neutral report)
This brief was synthesised by AI from the 2 sources linked above, so one read covers every framing they carry. Methodology and corrections.
