Legal Article

Gang Rape

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Published on: 23 Jul, 2023

Gang Rape in the Context of the Indian Penal Code: A Detailed Analysis

The concept of gang rape, a heinous crime that involves multiple perpetrators, has been a significant cause for concern in India. Its prevalence and the public outrage it often generates have necessitated stringent legal responses to deter its occurrence and punish the guilty. In this analysis, we delve into the provisions related to gang rape under the Indian Penal Code (IPC) and examine their implications.

1. Statutory Provision:

Gang rape is primarily dealt with under Section 376D of the IPC. This section was introduced via the Criminal Law (Amendment) Act, 2013, in the wake of the Nirbhaya case, a landmark gang rape incident in Delhi in 2012 that galvanized national attention and called for legal reforms.

2. Definition:

As per Section 376D, when a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed gang rape.

3. Punishment:

The punishment for gang rape under the IPC is rigorous imprisonment for a term which shall not be less than twenty years but may extend to life. The convict is also liable to be fined. The fine imposed should be reasonable and just, and the same is to be paid to the victim to meet her medical expenses and rehabilitation.

4. Role of Common Intention:

A unique aspect of the provision on gang rape is the principle of ‘common intention’. It implies that if members of a group act with a shared objective, each can be held accountable for the crime, even if not all members actively participated in the act of rape. This provision amplifies the accountability in gang rape cases.

5. Post-Nirbhaya Amendments:

The 2013 amendments following the Nirbhaya case brought in a paradigm shift in the laws relating to sexual offenses in India. For gang rape cases, the amendments not only increased the minimum punishment but also broadened the definition of rape and introduced other associated crimes like stalking, voyeurism, and acid attacks.

6. Legal Critiques:

While the provision is lauded for its stringent punishments, it has been critiqued for potential misuse. The principle of common intention, though aiming to broaden accountability, might ensnare innocent persons who weren’t active participants. Some legal scholars argue for a more nuanced approach that differentiates between the levels of participation in the crime.

7. Procedural Safeguards:

With the introduction of these stringent provisions, there have also been significant procedural safeguards introduced. The police are mandated to complete investigations within two months. Trials, as far as possible, should also be completed within two months, and appeals in rape cases must be disposed of in six months.

8. Societal Impact and Implementation:

Though the law is stringent on paper, its effective implementation remains a challenge. Factors like societal stigma, unavailability of forensic facilities in rural areas, and the insensitivity of some law enforcement agencies often hamper the execution of justice.

Conclusion:

The provision of gang rape under the IPC represents India’s attempt to combat a grave societal menace with stringent legal measures. However, while the law sets a strong precedent, its effective implementation, coupled with societal change, is imperative to make a tangible difference in the fight against this heinous crime.