Model Answer
0 min readIntroduction
The offence of rape, a grave violation of personal dignity and bodily autonomy, is comprehensively addressed under Section 376 of the Indian Penal Code (IPC). However, often, such crimes are not committed in isolation but are a result of concerted action by multiple individuals. The principle of ‘common intention’ under Section 34 of the IPC, and the concept of abetment under Section 109, become pivotal in determining the criminal liability of all those involved. This question requires a detailed analysis of the culpability of individuals participating in a pre-planned gang rape, considering the varying degrees of involvement and the legal framework governing such offences.
Understanding the Legal Framework
Before analyzing the liability of the individuals, it’s crucial to understand the relevant legal provisions:
- Section 376 IPC (Rape): Defines the offence of rape and prescribes punishment. It emphasizes the lack of consent as the core element.
- Section 34 IPC (Acts done by several persons in furtherance of common intention): States that when a criminal act is done by several persons in furtherance of a common intention, each of them is liable as if the act were done by him alone. The ‘common intention’ must be pre-arranged.
- Section 109 IPC (Punishment of abetment): Deals with abetment, where a person instigates, encourages, or intentionally aids another in committing an offence.
Criminal Liability of Those Who Committed Rape
Those members of the group who directly participated in the act of rape are primarily liable under Section 376 IPC. Their liability is direct and substantial. The fact that the rape was committed as per a pre-arranged plan strengthens the prosecution’s case, as it demonstrates a clear intent to commit the crime. Each individual actively involved in the physical act of rape will be held equally responsible, irrespective of the specific role played, due to the application of Section 34 IPC. The punishment will be determined based on the severity of the offence and any aggravating factors as outlined in Section 376.
Criminal Liability of the Lady Member Who Facilitated the Rape
The lady member’s liability is more nuanced. Her actions fall under the purview of abetment and potentially, under Section 34 IPC if her facilitation was an integral part of the ‘common intention’ to commit rape.
- Abetment (Section 109 IPC): If the lady member actively assisted in the commission of the rape – for example, by luring the victim, restraining her, or providing access to the perpetrators – she can be charged with abetment to rape. The punishment for abetment is the same as the punishment for the offence abetted (Section 376 IPC).
- Common Intention (Section 34 IPC): If her facilitation was a pre-arranged and essential part of the plan to commit rape, she can be held liable as if she directly participated in the act, even without physically committing the rape. This hinges on proving that her actions were directly intended to further the common intention of the group.
Establishing Common Intention
Proving ‘common intention’ is crucial. The prosecution must demonstrate:
- Pre-arranged plan: Evidence of a prior agreement or conspiracy to commit the rape.
- Active participation: The lady member’s actions were directly contributing to the execution of the plan.
- Knowledge: She was aware of the intended act of rape and actively participated with that knowledge.
Distinction between Abetment and Common Intention
| Abetment (Section 109) | Common Intention (Section 34) |
|---|---|
| Involves instigation, encouragement, or intentional aid. | Requires a pre-arranged plan and active participation in furtherance of that plan. |
| The abettor may not be present at the scene of the crime. | All participants must be actively involved in the commission of the crime. |
| Liability arises from influencing another to commit the crime. | Liability arises from acting together to commit the crime. |
Role of Evidence
The prosecution will rely on evidence such as witness testimonies, forensic evidence, and any communication (e.g., messages, emails) to establish the common intention and the individual roles played by each member of the group. The burden of proof lies with the prosecution to prove the guilt of each accused beyond a reasonable doubt.
Conclusion
In conclusion, the criminal liability of the members of the group hinges on establishing their respective roles and the existence of a ‘common intention’ to commit rape. Those who directly participated in the act will be held liable under Section 376 IPC, while the lady member’s liability will be determined based on whether her actions constitute abetment under Section 109 IPC or active participation in the common intention under Section 34 IPC. A thorough investigation and robust evidence are crucial for securing convictions in such cases, ensuring justice for the victim and deterring similar crimes.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.