Priya Patel, Vs State is the case in which the court gives an opinion about Law on rape by a woman. Is any law available against Law on rape by a woman? In my opinion, there is no particular law available against Law on rape by a woman, in the Indian criminal law system. Only after the interpretation of Section 376 and 377, we can get the Law on Rape by a woman. Let us see Priya Patel Vs State and What the court held about Law on rape by a woman?
The facts of the present matter were that the prosecutrix was returning by Utkal Express after attending a sports meet. When she reached her destination at Sagar, accused Bhanu Pratap Patel ( husband of the accused-appellant) met her at the railway station and told her that her father has asked him to pick her up from the railway station. Since the prosecutrix was suffering from fever, she accompanied accused Bhanu Pratap Patel to his house. He committed rape on her. When the commission of rape was going on, his wife, the present appellant reached there.
The prosecutrix requested the appellant to save her. Instead of saving her, the appellant slapped her, closed the door of the house and left the place of the incident. On the basis of the complaint lodged, the investigation was undertaken and a charge – sheet was filed. While accused Bhanu Pratap Patel was charged for offences punishable under Sections 323 and 376 IPC, the appellant was charged for commission of offences punishable under Sections 323 and 376 ( 2 ) ( g ) of IPC.
HC Judgement on Law on rape by a woman
The revision filed before the High Court questioned the legality of the charge framed so far as the appellant is concerned, relatable to Section 376 ( 2 ) ( g ) IPC. It was contended that a woman may not be charged for the commission of the offence of rape. The High Court was of the view that though a woman may not commit rape, if a woman facilitates the act of rape, Explanation – l to Section 376 ( 2 ) comes into operation and she may be prosecuted for gang rape.
SC Judgement law on rape by a woman
The apex court held that, after a reading of Section 375 of the IPC, rape may be committed only by a man. The explanation of Section 376 ( 2 ) merely indicates that when one or more persons act in furtherance of their common intention to rape a woman, each person in the group must be deemed to have committed gang rape.
The rule is based on the principle of common intention as provided in section 34 of the IPC. Common Intention denotes acts done in postulation as per a pre-arranged plan or in pursuance of the prior meeting of minds. When this section is applied to section 376 ( 2 ) ( g ), it may require fulfilment of the common intention which in such a case may be the common intention to rape. Since such intention may not exist with a woman, as given in the definition, a woman may not be held liable for gang rape as well.
A contention was raised by the counsel of the state that the woman may be held liable for Abetment as under section 108 of the IPC. The court on this said that such contention should have been raised in the trial court or in High Court, but it may not be done here.
Rape of a man
In India, there’s no particular law if a male rapes another male or a female rape a male. At, the most they can be sodomised under sec 377 of IPC.
Sec 377 Unnatural offences. – Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. This inter-course should not be consensual.
Future of law on rape by a woman
In July 2019 KTS Tulsi, a senior lawyer and parliamentarian in the Rajya Sabha also brought a gender-neutral bill ( ” Criminal Law Amendment Bill, 2019 ” ) before parliament to make the rape laws gender-neutral in India. As per him: ” Law needs to be balanced. The balance has been disturbed. All sexual offences should be gender-neutral. Men, women, and other genders can be perpetrators and also victims of these offences. Men, women and others need to be protected. “