Woman can be charged with gang rape for sharing common intention; “Persons” under Section 70 BNS is gender neutral: Delhi HC
Delhi High Court dismissed a petition challenging an order on charge in a case involving offences under the POCSO Act, holding that the word “persons” in the gang rape provision under Section 376-D IPC/Section 70 BNS is gender neutral, so as a woman who forms part of a group or acts in furtherance of a common intention to have rape committed on the victim can be charged with the offence, though a woman alone cannot be charged.