In a significant ruling, the Delhi High Court has stated that if a woman shares a "common intention" to commit gang-rape or assists in the execution of the crime, she can also be charged with gang-rape. Itis not a prerequisite that she personally committed the act of rape. A

bench presided over by Justice Anup Jairam Bhambhani clarified that the term "person," as used in the law, is not limited to men. The Court observed that if a woman acts with a common intention to facilitate a rape, she can be held liable in a case of gang-rape.

However, the Court clarified that this ruling does not determine whether a woman can, on her own, commit the crime of rape under existing law. The sole question before the Court was whether a woman could be charged with gang-rape. The case concerns a minor girl who alleged that her mother intimidated and coerced her into engaging in sexual relations with another accused. These incidents reportedly occurred multiple times between December 2023 and July 2024. The victim further alleged that her mother was present in the room during these sexual assaults. The woman argued in Court that the definition of rape under the Bharatiya Nyaya Sanhita (BNS) specifies the perpetrator as a male; therefore, she contended, a woman cannot be charged with gang-rape.

          No gender-based exemption under the law: Rejecting this argument, the High Court stated that gang-rape—defined under Section 376D of the Indian Penal Code (IPC) and Section 70 of the Bharatiya Nyaya Sanhita—constitutes a distinct offense. According to the law, if an individual participates in a gang rape with a shared intent, they can be held liable for the crime. The court stated that it is not necessary for an individual to have personally committed the physical act; if they acted in concert with those who committed the crime, or shared the intent to facilitate the commission of the offense (such as rape), they can also be held guilty.

 Distinction from earlier rulings: The petitioner cited certain past judgments of the Supreme Court; however, the High Court noted that those rulings pertained to a legal framework that existed prior to the legislative amendments of 2013. Following the 2013 amendments, gang rape was defined as a distinct offense. Currently, it is addressed under Section 70 of the Bharatiya Nyaya Sanhita. The High Court upheld the order to frame charges against the woman and the other accused, and dismissed their criminal revision petition. The court declined to interfere with the order framing charges, which had been passed on January 17, 2025. In this case, charges have been framed under the relevant sections of the Bharatiya Nyaya Sanhita, as well as under the POCSO (Protection of Children from Sexual Offences) Act.