Woman can be charged with gang rape for facilitating the crime: Delhi High Court
The Delhi High Court ruled that a woman can be charged with gang rape if she facilitates the crime, even if she did not commit the physical act herself. The court clarified that the legal definition of gang rape under the Bharatiya Nyaya Sanhita includes those acting in furtherance of a common intention.
Why it matters
This legal precedent clarifies the scope of accountability for accomplices in sexual violence cases under Indian law.
Woman can be charged with gang rape for facilitating the crime: Delhi High Court left Justice Bhambhani dismissed the petitioner's argument that BNS Section 63 specifically refers to men as perpetrators. File. Getty Images Getty Images https://th-i.thgim.com/public/incoming/h99gnk/article71589896.ece/alternates/FREE_1200/iStock-1385496478.jpg Mrinal Pal New Delhi, India - 15 Mar, 2022 - New emblem of High Court of Delhi on the entrance gate. High court is the highest courts of appellate jurisdiction The court upholds the trial court order to frame charges against the mother, alleged to have forced her minor daughter into sexual acts with the co-accused NEW DELHI The Delhi High Court on Thursday (October 16, 2026) said that a woman can be charged with the offence of gang rape even if she herself has not committed the physical act but facilitated the victim’s rape.
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