Can a Woman be Prosected for Rape Under Section 375 IPC? Supreme Court to Examine Plea

Can a woman be prosecuted in a rape case? examine the Supreme Court bench, after a 61-year-old woman petitioned for anticipatory bail in a rape case filed by her daughter-in-law which also involves her son.

While agreeing to examine the issue, a bench of Justices Hrishikesh Roy and Sanjay Karol has asked the Punjab government to respond to the plea.

The top court has granted the 61-year-old protection from arrest and directed her to cooperate with the investigation.

“Issue notice, returnable in four weeks. In the meantime, the petitioner is protected from arrest. But she is expected to cooperate with the investigation of the crime,” quoted news agency PTI as saying the bench.

At the outset, advocate Rishi Malhotra appearing for the accused, argued that all other penal sections in the FIR are bailable barring the charge of repeated rape under Section 376(2)(n) of the Indian Penal Code (IPC).

Conviction under the section entails imprisonment of not less than 10 years and may also extend to a sentence for life.

Referring to an apex court judgment of 2006 in Priya Patel vs State Of M.P, Malhotra submitted that a woman cannot be charged with rape.

WHAT’S THE CASE

The complainant was initially in a long-distance relationship with the US-based elder son of the accused, who is a widow.

The couple never met in person, however, the FIR states that the complainant started living with the accused after entering into wedlock with the man after virtual marriage ceremony took place between the families.

Later, the younger son of the 61-year-old woman residing in Portugal visited them. The accused in her plea said that her daughter-in-law and her family pressurised her to end the informal marriage with her elder son.

When the younger son was about to leave for Portugal, the complainant insisted that he take her along but he left alone.

As tension mounted between the two families, a compromise was arrived at and the widow gave the complainant Rs 11 lakh for ending the marriage with her elder son.

The complainant then approached the local police and lodged an FIR against the widow and her younger son, accusing them of rape and other charges.

(with PTI inputs)