The Supreme Court on Friday agreed to examine whether a woman can be booked in a rape case under Section 375 of the Indian Penal Code.
While hearing a plea by a 62-year-old woman who claimed she was falsely implicated in a rape case originally filed against her son, the court issued a notice, agreeing to hear arguments on whether a woman could be accused of rape.
“Issue notice, returnable in four weeks. In the meantime, the petitioner is protected from arrest. But she is expected to cooperate with the investigation of the crime,” the court said. The woman had approached the top court seeking anticipatory bail, arguing that the complaint against her was false and without merit.
While hearing the bail plea, the court orally observed, “According to us, only a man can be accused of rape under the IPC.”
The case against the woman and her younger son was filed by another woman with whom the elder son had an ‘online’ relationship. The complainant stated that she and the elder son had entered into an “informal marriage,” facilitated through video calls. Later, the relationship ended and, as part of the compromise agreement, the complainant received Rs 11 lakh. Subsequently, she filed a criminal case against the widow and her younger son, alleging rape, confinement, hurt, and intimidation.
