Section 376D IPC Archives

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.

Case Briefs Supreme Court

Sentencing Must Strike Judicious Balance Between Interests of Victim, Society and Accused; SC Modifies Gang Rape Sentence to 20 Years of Rigorous Imprisonment

Upholding the appellant’s conviction for gang rape, the Court modified the sentence from imprisonment for the remainder of natural life to 20 years’ rigorous imprisonment with the benefit of remission after considering his young age, absence of criminal antecedents, satisfactory conduct in prison and the possibility of reformation.

convictions based on appreciating the testimony of single witness

Case Briefs High Courts

Patna HC: When Prosecutrix Is Not a ‘Sterling Witness’: Benefit of Doubt to Accused in Gang Rape Case”

“Testimony of a Single Witness falls into the category of being neither wholly reliable nor wholly unreliable, the Court must exercise caution, look for corroboration and should not convict on that testimony alone.”