‘Woman Can Be Guilty Of Instigating Rape’: Madhya Pradesh High Court’s Ruling Sparks Debate

In a significant ruling, the Madhya Pradesh High Court has stated that a woman can be held guilty of instigating rape, even if she is not the primary accused in the case. The court clarified that under Section 109 of the Indian Penal Code (IPC), any person who abets or encourages a crime is equally liable under the law.

The verdict was issued on Thursday by a bench comprising Justices Pramod Agarwal and Prashant Gupta, who were hearing a case related to the rape of a woman in Bhopal’s Chhola Mandir police station area. The crime took place on August 21, 2022, nearly two years before India’s new criminal laws came into effect.

Mother and Brother Encouraged the Crime, Says Court

According to the prosecution, the accused’s mother and brother played a key role in encouraging the survivor to engage in a physical relationship with the accused, which ultimately led to the crime. The court ruled that the mother’s act of instigation made her an accomplice, holding both her and the accused accountable for their roles in the incident.

The survivor stated in her complaint that her neighbor had initially proposed marriage to her. However, when she visited his house, his mother and brother directed her to a room, where the accused locked the door and raped her. Following the assault, he refused to marry her, leading to legal action against him and his family.

Legal Charges and Convictions

The neighbor was charged under various sections of the IPC, including:

• Section 376 – Punishment for rape
• Section 376(2) – Aggravated rape
• Section 506 – Criminal intimidation
• Section 34 – Common intention

His mother, meanwhile, was charged under Section 109 for abetting the crime of rape. The court upheld the charges and ruled that the mother’s encouragement of the relationship made her equally responsible under the law.

Legal Experts Explain the Ruling

Government advocate CM Tiwari explained the court’s stance, stating, “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.”

This ruling reinforces the legal principle that instigation and encouragement of a crime can be punishable, even if the person accused is not the direct perpetrator. Legal experts believe this judgment could set a precedent for future cases involving abetment to sexual crimes.

Impact of the Verdict

The High Court’s decision has sparked discussions on legal accountability in cases of sexual crimes. The ruling highlights that anyone who plays a role in facilitating such an offense, regardless of their gender, can be held responsible under the law.

With this judgment, the court has reinforced the idea that abetment to a crime is equally punishable, ensuring that justice is served not only against the direct offender but also against those who contribute to the commission of the crime.