Indian Penal Code, 1860
Section 376D
repealedGang Rape
Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons1 shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine;
Why this exists
This section specifically addresses gang rape, recognizing it as a particularly severe form of sexual violence because it involves coordinated group action against a victim, often multiplying the trauma and vulnerability. It was strengthened significantly by the Criminal Law (Amendment) Act, 2013, following the 2012 Delhi gang rape case, which made clear to the public just how devastating collective sexual violence can be. The Bharatiya Nyaya Sanhita, 2023 retains a comparable provision for gang rape.
How courts read it
Courts have held that under this section, every member of the group is held equally liable for rape, regardless of which specific individual actually performed the act of penetration, as long as they were part of the group acting with common intention; this is a form of constructive liability similar to the concept of common intention found elsewhere in criminal law.
Common misconceptions
- Myth: Only the person who physically committed the act of penetration can be convicted of rape in a group assault.
Fact: Under this section, every member of the group acting with common intention is deemed to have committed rape himself, regardless of which individual performed which specific act.