Woman can face gang rape charge without personally committing the act, says Delhi HC
New Delhi, Oct. 15 -- The Delhi high court on Friday held that a woman can be charged with the offence of gang rape even if she has not personally committed the act of rape.
A bench of justice Anup Jairam Bhambhani observed that there was no rationale or basis to interpret the phrase "one or more persons constituting a group" in the provision on gang rape as referring exclusively to men. The court said the term "persons" must instead be interpreted in a "gender-neutral" manner.
"In the opinion of this court, this is significant, since for purposes of the offence of gang rape it is not necessary that a person acting in furtherance of a common intention must also be amongst the persons who physically commit the offence of rape. For instan...
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