An important decision of Allahabad High Court: Woman considered accused of gang rape under section 376D

Allahabad High Court on 14 February 2023 in Sunita Pandey vs. State of U.P. And while hearing the case of others, the Allahabad High Court gave an important decision that a woman cannot be punished under Section 376 of the IPC for rape. Because based on section 375 of IPC, rape can only be done by men. A woman can never rape anyone or commit a rape-like incident.

Before understanding this decision, let us know what gang rape is?

Section 376(2)(g) of the IPC defines "gang rape." According to this, gang rape occurs when physical relations are made with a woman by more than one person without her will and consent. It is a type of rape involving more than one perpetrator. In gang rape, not every person in the group needs to commit the offense of rape. Even if a person helps others to commit such an offence, he is still considered a rapist and cannot get away with claiming that he has not committed the crime of rape.

Case: Sunita Pandey vs. State of U.P. and others [Application U/S 482 No. - 39234 of 2022]

•    This case was registered in 2015. The girl's father had lodged a case with the police that some people had abducted his girl. After this, the police registered a case under sections 363 and 366 of the IPC. 
•    When the girl's statement under section 164 of CrPC was recorded in front of the Magistrate. Then the victim said Sunita Pandey was also involved in the rape case. The lower court had sent a summons to Sunita Pandey to appear on the basis of the victim's statement.
•    Sunita Pandey moved the Allahabad High Court against the order of the Court of Additional Sessions Judge. He said that a woman could not be made an accused in a rape case. The decision given by the lower court is wrong.
•    The Allahabad High Court gave its judgment on 14 February 2023, saying, "Supposedly a woman cannot commit the offense of rape, but if she has helped a group of people in the act of rape, then given the amended provisions, she will be guilty of gang rape." can be prosecuted. Thus Sunita Pandey was held guilty of gang rape under section 376D of the IPC. Unlike a man, a woman can also be convicted of a sexual offence. A woman can also be convicted of gang rape can be convicted if he has helped a group of persons in the commission of the act of rape."
•    Section 376D of the IPC provides punishment for gang rape. The section contains the word "any person," which, according to the English dictionary, is defined as 'an individual human being' or 'man,' 'woman,' or 'child.' In this way, under section 376D, the woman was also considered an accused of gang rape. According to section 376D of IPC, if a person also helps other people in gang rape, then a case of gang rape can be run against him under 376D.

Even before this case, this question was raised many times before the court in India whether a woman can be punished for rape?
Case: Priya Patel vs. State of Madhya Pradesh 2006

The question that arose, in this case, was, 'Can a woman be charged with gang rape?' Also cannot be punished for rape. Because according to the definition, only a man can commit rape. But if a woman facilitates or helps in the commission of rape in any way, she can be prosecuted and convicted for the offense of gang rape. This rule was based on the principle of common intention contained in section 34 of the Indian Penal Code, 1860.

Conclusion:

Many such laws in India were made long before independence. One of these laws is also of IPC, which was made in 1860 by Lord Macaulay. Looking at the time and the way of committing a crime, there is a need for many amendments in the IPC today. In 2022, 4 women gang-raped a man together in Jalandhar, Punjab. But those women cannot be punished for rape, because you also know that according to section 375, only men can do rape. That's why those women will not be punished for the crime they committed. Looking at today's Kalyug and crime, the definition of rape in section 375 of IPC should also be amended. So that women also do not take unfair advantage of the law, and every area of society gets justice. With this decision of the Allahabad High Court, Sunita Pandey has also been found guilty of gang rape under section 376D, which is a historic decision.

Vakilkaro is a Best Legal Services Providers Company, which provides Civil, Criminal & Corporate Laws Services and Registration Services like Private Limited Company Registration, LLP Registration, Nidhi Company Registration, Microfinance Company Registration, Section 8 Company Registration, NBFC Registration, Trademark Registration, 80G & 12A Registration, Niti Aayog Registration, FSSAI Registration, and other related Legal Services.

Contact India's best Legal Firm, Vakilkaro, today. You can give us a call at +919828123489 or may write an Email also at help@vakilkaro.co.in. We are here to serve you 24/7.

"Happy Customer serves the company success"- we aim to achieve this through our legal services."

Why should you trust Vakilkaro?

• 100% guaranteed satisfaction
• Largest Network across India
• Easy to Hire
• Provides legal service in easy language.