The Delhi High Court, led by Justice Anup Jairam Bhambhani, ruled Thursday that a woman can be charged with gang rape under sections 376D IPC and 70 BNS, even if she did not physically commit the act. This decision overturns the earlier perception that the charge requires direct involvement.
The court relied on Section 70 of the Bharatiya Nyaya Sanhita, which says a person “is deemed to have committed the offence of rape” when part of a group acting with a common intention. It clarified that the legislature intended to hold every member of such a group accountable, regardless of gender.
The ruling applies to a case where the accused mother is alleged to have forced her 12‑year‑old daughter to engage in sexual relations with another man. The FIR, registered at Bhalswa Dairy police station in July 2024, records repeated incidents from December 2023 to July 2024.
Advocate Rohan J Alva, acting as amicus curiae, argued that gender should not determine liability in gang‑rape cases. He pointed out that sections 376D IPC and 70 BNS are meant for a “common intention” coalition, not a single perpetrator.
The mother, who has not yet appeared in court, claims that the child’s testimony is coerced. The child, a minor, has reportedly been kept under house arrest and is expected to testify in the coming weeks.
The Delhi High Court dismissed her plea and upheld the trial court’s January 17, 2025 order to frame charges. A forthcoming trial hearing is scheduled for October 2026, where the mother’s defense will be presented.