Delhi High Court Says Women Can Face Gang-Rape Charges

The Delhi High Court on 15 October upheld gang-rape charges against a woman and her co-accused. It held that Section 376D of the Penal Code and Section 70 of the Bharatiya Nyaya Sanhita use the gender-neutral word “persons” and extend liability to anyone acting with the group’s common intention, even without personally committing rape. The Court clarified that a woman alone cannot presently face that charge and expressed no view on whether a woman can commit rape.

Judge / Bench — Justice A. J. Bhambhani.

Advocates appearing — For the petitioners — Tanya Agarwal with Ritu, Akshay Singhal and Vishal M. Amicus curiae — Rohan J. Alva with Anant Sanghi. For the State — Digam Singh Dagar, APP.