29 Mar, 2025
Woman Can Be Held Guilty of Instigating Rape Even If Not Prime Accused: Madhya Pradesh HC
The Madhya Pradesh High Court ruled on Thursday that a woman can be held guilty of instigating rape, even if she is not the primary accused in the case.
Citing Section 109 of the Indian Penal Code (IPC), the court emphasized that anyone who abets or encourages a crime is equally liable under the law. Since the crime occurred on August 21, 2022—before the enactment of the new criminal laws—the court referred to the provisions of the IPC.
The bench of Justices Pramod Agarwal and Prashant Gupta was hearing a case related to the rape of a woman in the Chhola Mandir police station area of Bhopal. As per the prosecution, the accused's mother and brother had encouraged the survivor to engage in a physical relationship with him, which led to the crime.
The court held that the mother's act of instigation made her complicit in the offense and convicted the man of rape.
In her complaint, the survivor alleged that her neighbor initially proposed marriage to her. However, when she visited his house, his mother and brother directed her to a room, where he locked the door and raped her. Later, he refused to marry her.
The neighbour was charged under sections 376 and 376(2) - both dealing with rape, 506 (criminal intimidation) and 34 (common intention) of IPC. His mother was charged under section 109 (abetment to rape).
Explaining the rationale behind the court's remarks, government advocate CM Tiwari said: "Since the mother encouraged the survivor to get into a relationship, the court found her equally responsible. The accused was convicted of rape and the woman was considered an equal participant in the crime."
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