Women can be charged with gang rape for aiding crime: HC
New Delhi, Oct. 16 -- The Delhi High Court has held that a woman can be charged with gang rape even if she did not personally commit the act of rape, provided she acted in furtherance of a common intention to have the offence committed.
Justice Anup Jairam Bhambhani observed that there was no rationale for interpreting the phrase "one or more persons constituting a group" in the provision on gang rape as referring exclusively to men. The term "persons", the court said, must be interpreted in a gender-neutral manner.
The court, however, clarified that a woman cannot be charged with gang rape acting alone, as this would not conform to the statutory definition of rape under Section 375 of the Indian Penal Code (IPC) and Section 63 of the Bhara...
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