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Report No. 84

2.26. Aspect of group liability considered.-

The offence of rape is, in law, a single act of sexual intercourse. That being so, if more than one person rape a woman one after another, each one of them would be punishable under section 376, I.P.C. When one person commits rape and others abet the Act by instigation or aid, the principal would be guilty of rape, and others would be punishable for abetment under section 109, Indian Penal Code. It is, however, doubtful whether, when the members of an unlawful assembly1 attacking a village or a section of people rape several women during the course of the raid or attack, they can be punished under section 376 with the aid of section 149, Indian Penal Code.

1. Section 141, Indian Penal Code.

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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