Saturday, March 29, 2025
New Delhi, May 3, 2025 — In a historic judgment, the Supreme Court of India has ruled that in gang rape cases, if “common intention” is established, every participant can be held guilty, even if the act of rape was committed by only one person.
While interpreting Sections 376(2)(g) and 376D of the Indian Penal Code (IPC), the Court clarified that when a group acts with a shared intent to commit rape, each member of that group is legally culpable — not just the individual who carried out the physical act.
Minimum sentence: 20 years of rigorous imprisonment or life imprisonment
Fine: To be used for the victim’s rehabilitation and medical care
The Court emphasized that mere presence at the scene is not the only factor. If someone played a role in planning, supporting, or encouraging the crime, they too are liable. This ruling reaffirms the legal principle of joint liability, which has been upheld in several past cases.
Reiterating its stand, the Supreme Court called the “two-finger test” inhuman and degrading, stating that a woman’s past sexual history is irrelevant to the case.
This verdict is based on a 2004 gang rape case from Madhya Pradesh. After lower courts upheld the conviction, one of the accused appealed to the Supreme Court. The Court found the survivor’s testimony credible despite some inconsistencies, and upheld the punishment.
In gang rape cases, common intent is enough to convict all involved
The “two-finger test” is condemned as inhuman and irrelevant
A survivor’s testimony can be reliable even without full corroboration
