Devil C 22 April 2020

how can be a women accused in a case of 376(2)(n)

A friend of mine was arrested with her family and now the case is registered against them but how can a woman be accused of 376(2)(n)

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Quick Summary

While generally rape under Section 375 of the Indian Penal Code can only be committed by a man, a woman can be accused under Section 376(2)(n) if she has abetted or facilitated the sexual assault of a minor, as per the POCSO Act. In such cases, the woman is charged for her role in aiding the crime, not for committing the act of rape herself. Other charges like those related to assault or criminal conspiracy may also apply.

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Palak Singh 22 April 2020

Hello Sir/Ma’am,

I am assuming you are referring to s.375 of the Indian Penal Code. Under the Indian Penal Code 1860 or under any law in India, rape can only be committed by a man on a woman. Section 376 states punishment for rape and since rape cannot be committed by a woman, hence I believe that there might have been some confusion as it is not possible to charge a woman and her family u/s 376 although. Woman can be a victim under this section, but she cannot possibly be an accused.

I recommend you get some clarification as to the section she and her family is charged with.

Hope this helps.

Regards

Palak Singh

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Devil C 22 April 2020

the case was filed against her brother and she and her mother is also registered into it
the charges are under 376(2)(n), 354,323,294,506 and sec 34