High Court of Delhi, New Delhi
ANSXXX and another v. State of NCT of Delhi and another
Published on this website
CRL.REV.P. 37/2025 & CRL.M.A. 2891/2025; CNR DLHC010036132025
Citation: Neutral or reporter citation not stated in the judgment
Background
Background
Delhi High Court holds that a woman can face gang rape charges under section 70 BNS and section 376D IPC without personally performing the physical assault.
Legal questions
Legal questions
Whether a woman may be charged with gang rape under section 376D IPC or section 70 BNS despite not personally performing the physical act of rape.
Court holding
What the Court decided
Yes. The separate gang rape provisions refer to persons and impose deemed liability within the statutory group or common-intention framework regardless of gender. The Court did not decide whether man in the definition of rape is gender-neutral.
Final outcome
Final outcome
Order on charge dated 17 January 2025 upheld. Revision petition dismissed and pending applications disposed of. The section 6 POCSO charge also sustained. No conviction was recorded by this judgment.
Practical effect
What the decision means in practice
Order on charge dated 17 January 2025 upheld. Revision petition dismissed and pending applications disposed of. The section 6 POCSO charge also sustained. No conviction was recorded by this judgment.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
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Later treatment
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Related article
Related article
Delhi High Court holds that a woman can face gang rape charges under section 70 BNS and section 376D IPC without personally performing the physical assault.
Read the related article →