Madhya Pradesh High Court Rules That Both Men and Women Can Be Held Liable for Abetment to Rape Under Section 109 IPC

In a significant ruling, the Madhya Pradesh High Court has emphasized that both men and women can be held liable for abetment to rape under Section 109 of the Indian Penal Code (IPC). This decision underscores that abetment is a distinct offense from rape, and individuals who facilitate or encourage the commission of rape can be punished accordingly.

The case in question involved a prosecutrix who alleged that her neighbor proposed marriage, to which she agreed. Upon visiting his residence to discuss the proposal with his mother and brother, she was allegedly coerced into a room with the neighbor, where he engaged in sexual relations with her. The following day, when she reported the incident to the family members, they purportedly dismissed her concerns, stating that premarital physical relations were commonplace, and once again facilitated a situation where the neighbor engaged in sexual relations with her. Subsequently, when the marriage did not materialize, the prosecutrix filed a report against the individuals involved.

Justice Pramod Kumar Agrawal, referencing the Supreme Court's decision in Omprakash v. State of Haryana (2015), highlighted that while a woman cannot commit rape, she can be held accountable for its abetment. The court noted that if an act is committed as a consequence of abetment, the abettor, regardless of gender, is liable for punishment under Section 109 of the IPC. This interpretation reinforces the principle that abetment is a separate and distinct offense from the primary crime.

Section 109 of the IPC pertains to the punishment of abetment if the act abetted is committed in consequence and where no express provision exists for its punishment. The court's ruling clarifies that individuals who encourage or facilitate the commission of rape can be prosecuted under this section, ensuring that all parties complicit in such crimes are held accountable.

This judgment serves as a reminder of the legal responsibilities of individuals who, through their actions or inactions, contribute to the perpetration of serious offenses. By holding both men and women liable for abetment to rape, the court aims to deter complicity in such crimes and uphold the principles of justice and accountability within the legal system.