Q1. With reference to the legal provisions relating to gang rape under Indian criminal law, consider the following statements:

1. Section 70 of the Bharatiya Nyaya Sanhita (BNS), 2023, provides that every person in a group acting in furtherance of a common intention may be deemed to have committed gang rape, subject to the statutory conditions.
2. A woman can never face a charge under Section 70 of the BNS because Section 63 defines rape with reference to a male perpetrator.
3. The Delhi High Court’s ruling establishes that a woman acting alone can be charged with gang rape merely for facilitating the commission of rape.
4. The BNS replaced the Indian Penal Code, 1860, with effect from 1 July 2024, subject to the notified exception concerning Section 106(2).

Which of the statements given above are correct?

(a) 2, 3 and 4 only 

(b) 1 and 4 only 

(c) 3 and 4 only 

(d) 1, 2, 3 and 4

Answer: (b) 

Explanation:

• Statement 1 is Correct: Section 70 incorporates the concept of deemed commission of gang rape by persons acting in furtherance of a common intention, subject to its statutory requirements.
• Statement 2 is Incorrect: The Delhi High Court held that a woman may face gang-rape charges for facilitating the offence in furtherance of common intention. The Court did not decide whether Section 63 itself is gender-neutral.
• Statement 3 is Incorrect: Gang rape involves the statutory requirement of participation by persons acting in furtherance of common intention. The ruling does not establish that a woman acting alone can be charged with gang rape.
• Statement 4 is Correct: The BNS came into force on 1 July 2024, with the notified exception concerning Section 106(2).