On May 5, 2025, the Supreme Court of India delivered a significant ruling concerning gang rape cases under Section 376(2)(g) of the Indian Penal Code (IPC). The Court clarified that if even one member of a group commits rape, all other participants sharing a common intention are equally liable and punishable, regardless of whether each individual committed the act of penetration.

A bench comprising Justices Sanjay Karol and K.V. Viswanathan emphasized that in gang rape cases, the prosecution is not required to prove that each accused person committed the complete act of rape. Instead, it suffices to demonstrate that the accused acted in furtherance of a common intention. This principle of joint liability is embedded within Section 376(2)(g) itself, and evidence indicating the existence of common intention is sufficient for conviction.

The Court’s decision reinforces the legal stance that individuals involved in a gang rape can be held equally responsible if they acted with a shared intent, even if only one person carried out the physical act. This ruling aligns with previous judgments and legislative intent, ensuring that all participants in such heinous crimes are held accountable under the law.

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