Section 70

This provision descends from Section 376D of the Indian Penal Code (introduced after the 2013 Criminal Law Amendment, itself a response to the 2012 Delhi gang rape case that sparked nationwide outrage over inadequate punishment for sexual violence). Lawmakers wanted to ensure that when rape is committed by multiple people acting together, the law does not require proving exactly who did what — instead, everyone in the group shares equal criminal responsibility. The provision also reflects a broader shift toward victim-centered justice, mandating that fines go to the victim for medical and rehabilitation needs rather than the state, and imposing enhanced punishment when the victim is a minor.

Under the predecessor provision (Section 376D IPC), courts have held that the prosecution does not need to prove separate acts of penetration by each accused; presence and participation in the group with a shared criminal intention or common purpose is enough to attract joint liability. Courts have also emphasized that 'common intention' must be established through evidence of prior meeting of minds or conduct at the scene, not mere presence. Sentencing courts have generally treated the minimum term as mandatory absent special circumstances.

• Myth: Only the person who physically committed the act of rape is punished; others in the group get lighter sentences.
  Fact: The law says every person acting as part of the group or common plan is deemed to have committed rape themselves, so all face the same severe punishment, not just the one who directly performed the act.
• Myth: The fine mentioned in the law goes to the government as a penalty.
  Fact: The provision specifically states the fine must be paid to the victim, to help cover her medical expenses and rehabilitation.
• Myth: 'Life imprisonment' here means a fixed number of years like 14 or 20.
  Fact: The law explicitly defines it as imprisonment for the remainder of the convicted person's natural life.