Woman liable to prosecution for facilitating rape: Allahabad High Court

LUCKNOW:  In a significant order, the Allahabad High Court, on Monday, said that if a woman was found facilitating the act of rape with a group of men, she may be prosecuted for the offence of ‘gang rape’ under Section 376D of IPC in view of the amended provisions. The court said that no doubt a woman could not commit the offence of rape herself but she could always facilitate it on others. 

Elaborating on the provisions of Sections 375 and 376 of the Indian Penal Code (IPC) relating to the offence of rape, as amended in 2013, the bench comprising Justice Shekhar Kumar Yadav rejected the plea that a woman could not be prosecuted for the alleged commission of the offence of gang rape. 

With these observations, the court dismissed an application filed by one Suneeta Pandey, who had challenged a summon passed by additional district and sessions judge to face the trial under Section 376-D (gang rape), 212 (harbouring offender) of IPC in connection with the alleged rape case of a 15-year-old girl. 

The High Court, at the outset noted that the argument that a woman could not be prosecuted for gang rape was not correct as per the amended provisions of Section 375 to 376E of IPC, which related to the offence of rape.