Site navigation

Five adults, A, B, C, D and E, abduct an adult woman, G, as part of a plan to rape her. B and C hold…

Section 70(1) treats each member of the group acting in furtherance of the common intention as having committed rape, including the two who restrained G. E's intentional…

Choose your answer

Five adults, A, B, C, D and E, abduct an adult woman, G, as part of a plan to rape her. B and C hold her down while A, D and E rape her. After the rape, E suddenly strangles G to death with the intention of killing her. The others neither share that intention nor assist the killing. Under the Bharatiya Nyaya Sanhita, 2023, which liability follows for gang rape and murder?

Select one answer
Answer and explanation

Correct answer C

Section 70(1) treats each member of the group acting in furtherance of the common intention as having committed rape, including the two who restrained G. E's intentional killing is murder under sections 101 and 103(1). Section 3(5) does not attribute that killing to the others because they did not share the intention.

Option feedback

Option A

The rape was in furtherance of the group plan. The other four did not share E's murderous intention or assist the killing.

Option B

Holding G down in furtherance of the group rape brings B and C within section 70(1) as well.

Option C

Section 70(1) attributes the rape to every member acting in furtherance of the shared plan. E alone committed the separate intentional killing.

Option D

The group rape rule applies to all five participants.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic