Background of the Case
The MP High Court recently ruled that while a woman cannot commit rape, she can be held liable for abetment to rape under Section 109 of the Indian Penal Code (IPC). This ruling came in response to a case where a woman was accused of facilitating a rape incident.
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Incident Details
- The case involved allegations that a woman played an active role in aiding the crime.
- The prosecution argued that although she did not physically commit the offense, her involvement justified abetment charges.
High Court’s Legal Observations
The court noted that abetment is a separate and distinct offense from rape. It stated:
“If an individual, irrespective of gender, abets an offense that is later committed, they are liable under Section 109 of the IPC.”
Key Court Findings
- The court clarified that Section 109 of IPC applies when a person facilitates or instigates a crime.
- It rejected arguments that women should be exempt from abetment charges in rape cases.
Court’s Directive
The High Court upheld the application of Section 109 IPC and stated that the woman could be prosecuted for abetment.
Legal Significance of the Ruling
This ruling broadens the scope of criminal liability, reinforcing that abetment laws apply universally, irrespective of gender.
