Legal update
Published
23 Oct 2026
Source date
22 Oct 2026
Delhi HC holds woman can be charged with gang rape under Section 376-D IPC and Section 70 BNS for sharing common intention
Why it matters
The Delhi High Court has held that the term 'persons' in gang rape provisions under Section 376-D of the Indian Penal Code and Section 70 of the Bharatiya Nyaya Sanhita is gender-neutral. Consequently, a woman who forms part of a group or acts in furtherance of a common intention to have rape committed can be charged with the offence, though she cannot be charged alone.
Key points
- The Delhi High Court dismissed a petition challenging an order on charge in a case involving offences under the POCSO Act.
- The Court held that the word 'persons' in Section 376-D IPC and Section 70 BNS is gender-neutral.
- A woman acting in furtherance of a common intention or forming part of a group to have rape committed can be charged with gang rape, though a woman alone cannot commit the offence.
What changed
Affirmed that a woman can be charged with gang rape under Section 376-D IPC and Section 70 BNS when acting with common intention as part of a group, as the statutory term 'persons' is gender-neutral.
Who it affects
Investigating agencies, courts, and individuals facing charges under gang rape provisions and the POCSO Act.
Jurisdiction
Delhi High Court
Sources and original links
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