The Supreme Court of India has agreed to examine whether a woman can be booked for rape under Section 375 of the Indian Penal Code (IPC). The decision came in response to an anticipatory bail plea filed by a 61-year-old widow who claimed that she had been falsely implicated in a rape case filed against her son.
A bench of Justices Hrishikesh Roy and Sanjay Karol expressed doubts over whether a woman can be booked for rape, stating that the definition of rape under Section 375 of the IPC specifically refers to a “man” as the perpetrator. The bench also noted that the apex court had previously held in the Priya Patel case that a woman cannot be said to share common intention in gang rape cases as women are excluded from the definition of rape.
The petitioner’s advocate, Rishi Malhotra, argued that the woman could not be booked for rape under any circumstances. He further cited the Priya Patel case in support of his argument.
The case against the petitioner arose from a dispute between her and the complainant over the marriage of her elder son. The complainant claimed that she had married the petitioner’s son over a video call and had been living with him. However, the petitioner’s family members objected to the marriage and pressured the woman to end the relationship, a false rape was lodged against her and the younger son, the petitioner claimed. The petitioner also claimed that she had paid the complainant Rs 11 lakh as part of a compromise agreement.
The Supreme Court’s decision to examine the issue of whether a woman can be booked for rape is significant, as it could have far-reaching implications for the definition of rape in India. The court’s eventual ruling will be closely watched by legal experts and activists.
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