Abetment of Rape: Madhya Pradesh High Court Clarifies Legal Position on Women's Liability
Abetment of Rape: Madhya Pradesh High Court Clarifies Legal Position on Women's Liability By Abhishek Jat, Advocate In a significant ruling, the Madhya Pradesh High Court has held that while a woman cannot be charged with committing rape under Section 376 of the Indian Penal Code, 1860 (IPC), she can be held liable for abetment of the offense under Section 109 IPC. The decision, delivered in Prashant Gupta v. State of M.P., Criminal Revision No. 4796 of 2023 , underscores the legal distinction between direct commission and facilitation of an offense, particularly in cases involving sexual crimes. Background of the Case The case arose from a criminal revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC), challenging the order of the Additional Sessions Judge, wherein charges had been framed under Sections 376 read with 34, 190, and 506-II IPC. The accused sought modification of the charges, arguing that the framing o...