S.109 IPC | Both Man & Woman Can Be Held Liable For Abetment To Rape If Act Is Committed In Consequence Of Abetment: Madhya Pradesh HC
While hearing a criminal revision, the Madhya Pradesh High Court has reiterated that a man and woman both can be held liable for abetment to rape under Section 109 of the Indian Penal Code. Referring to Supreme Court's decision in Omprakash Vs. State of Haryana, Justice Pramod Kumar Agrawal observed, “It is clear that a woman though cannot commit rape, but can still be held liable for abetment under Section 109 of IPC. Thus, woman and man both can definitely be held liable for abetment to rape under Section 109 of IPC and can be punished accordingly". Thereafter, the Court referred to the judgement of Supreme Court in Omprakash Vs. State of Haryana and concluded that a woman though cannot commit rape, but can still be held liable for abetment under Section 109 of IPC.
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