Delhi High Court rules women can be charged in gang rape cases
The Delhi High Court held that a woman may be prosecuted for gang rape even without physically committing the assault, interpreting the law in gender-neutral terms.
In a Friday decision, the Delhi High Court ruled that women can face gang-rape charges without directly performing the sexual act, interpreting the statute’s language as gender-neutral. Justice Anup Jairam Bhambhani explained that “persons” in the law need not all be male, and a woman who aids or encourages the crime may be liable. However, the court noted that a single woman cannot constitute a gang-rape under one outlet definition of rape.
The case stemmed from a petition by the mother of a minor victim who contested her conviction under sections 70(2), 351(3), 64(2)(m) of the Bharatiya Nyaya Sanhita and section 6 of the POCSO Act. The petition argued that only men could be charged, but amicus Rohan J Alva and the Delhi Police argued the law already allows for non-male offenders. The High Court rejected the petition, affirming the trial court’s order. This interpretation expands the scope of accountability in sexual-offence cases.
Why it matters
The ruling broadens legal responsibility for sexual crimes, allowing women who facilitate gang rape to be prosecuted.
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