Woman Can Be Held Guilty Of Instigating Rape: Madhya Pradesh High Court

A woman can be held guilty of instigating rape, even if she is not the prime accused in the case, the Madhya Pradesh High Court said on Thursday. 

The court said that under section 109 of Indian Penal Code (IPC), a person who abets or encourages a crime is equally responsible in the eyes of the law. It referred to the IPC as the crime took place on August 21, 2022, nearly two years before the new criminal laws came into effect.

Justices Pramod Agarwal and Prashant Gupta were hearing a case pertaining to the rape of a woman in Bhopal's Chhola Mandir police station area. According to the prosecution, the accused's mother and brother encouraged the survivor to get into a physical relationship with him, leading to the crime. 

The court upheld that the mother's act of instigation made her an accomplice in the crime. It held the man guilty of rape. 

In her complaint, the survivor alleged that her neighbour had initially proposed to marry her. When she went to his house, his mother and brother sent 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."