Gang Rape: The Conundrum of Judicial Interpretation & Gender-Neutrality

The Criminal Law (Amendment) Act, of 2013 brought significant changes in Indian laws regarding sexual offences in the aftermath of the tragic 2012 Delhi gang rape case that has led to widespread implications in the Indian Judicial System. Even, the Bharatiya Nyaya Sanhita, of 2023 have brought substantial change in the provisions of sexual offences. Amongst them, the provision of gang rape has undergone significant changes. This research paper seeks to provide a comprehensive analysis of the concept of gang rape in India with a particular focus on the issue of “common intention” required for joint liability in the offence of gang rape. This paper argues that the Criminal (Amendment) Act, of 2013 has created a substantial interpretative issue by changing the definition of offence in the provisions of law. It further delves through various case laws and critiques the changes brought forth by the amendment. This paper will further seek to elaborate on why women should also be held liable as perpetrators for the offence of gang rape if she aids in the commission of rape and at the end, will further try to establish why a properly substantiated definition, removing all the fallacies that subsist because of the changes brought forth by the amendments is the need of the hour.