SC to examine whether a woman can be booked for rape

The bench expressed doubts over whether a woman can be booked in a rape case. The bench also orally said, according to it, only a man can be accused of rape.

The Supreme Court on Friday decided to examine whether a woman can be made an accused in a rape case under Section 375 of the Indian Penal Code (IPC). 

A bench of Justices Hrishikesh Roy and Sanjay Karol expressed doubts over whether a woman can be booked in a rape case. 

The bench also orally said, according to it, only a man can be accused of rape.

The apex court was hearing an anticipatory bail plea by a 61-year-old widow claiming that she had been implicated in a false rape case filed against her son.

Advocate Rishi Malhotra on behalf of the petitioner, submitted that woman can never be booked for rape.

He said the apex court in Priya Patel case held that a woman cannot be said to share common intention in gang-rape cases as women are excluded in rape definition. 

The apex court issued notice on the woman’s plea and also ordered stay on her arrest. 

Section 375 of the Indian Penal Code (IPC) defines the offence of 'rape' under Indian law. The said provision begins by referring to a "man" ("a man is said to commit 'rape' if he ...." ) as the perpetrator, meaning that generally only men can potentially be booked for the offence of rape.

The petitioner was denied pre-arrest bail by trial court in Punjab. The High Court also declined her any relief. The case against the woman, a widow was lodged after she had refused to solemnise marriage of her elder son, living in the US, with the complainant who met him via Facebook.

The complainant claimed she had married the petitioner's son over a video call. The complainant started living with the woman. As the petitioner's family members pressurised her (widow) to end the informal marriage arrangement, a false rape was lodged against her and the younger son, the petitioner claimed. She also claimed to have handed over Rs 11 lakh to the complainant as part of a compromise.