New Delhi, Oct. 15 -- The Delhi High Court has held that a woman can be charged with gang rape under Section 376D of the Indian Penal Code (IPC) and Section 70 of the Bharatiya Nyaya Sanhita (BNS), observing that there is no basis to restrict the expression "persons" in the law to a group of men.

Justice Anup Jairam Bhambhani, while dismissing a criminal revision petition challenging the framing of charges against a woman and another accused, held that a person who shares a common intention to have rape committed upon a woman can be held liable for gang rape even if that person did not physically commit the act.

"There is no rationale or basis to restrict the word 'persons' appearing in the phrase 'one or more persons constituting a gro...