Woman can be charged with gang rape under BNS for acting with group: Delhi High Court

The Delhi High Court has ruled that a woman can be charged with gang rape under the Bharatiya Nyaya Sanhita (BNS) if she acted with a group with the common intention to commit the offence, regardless of gender. This decision was made in a case where a woman, who is the mother of a minor rape survivor, allegedly forced her daughter to have sexual relations with another co-accused and remained present during the alleged assaults.

The court emphasized that the word "persons" in the relevant sections of the legislation must be interpreted in a gender-neutral manner, meaning that both men and women can be held liable for gang rape.

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