An individual present during gang rape or spurred others to commit the sexual crime is considered a criminal although he did not do it.

Minister in the Prime Minister's Department Nancy Shukri said the matter was among new clauses inserted in amendments to the Penal Code as previously there were no provisions in respect of gang rape.

"For example, an individual present during gang rape whether as doorkeeper or driver is considered a criminal," she said when winding up debate on the Penal Code (Amendment) Bill 2013 in Dewan Negara, here yesterday.

The amendments include inserting Section 375B for gang rape providing for jail sentence of not less than 10 years and not more than 30 years.

Nancy said this was based on 'common intention' and practised in India which was facing several gang rape cases recently.

To the suggestion that whipping was imposed for gang rape, Nancy said it was unnecessary as the long prison sentence was already adequate.

"Whipping for gang rape offenders is unnecessary as the prison sentence of 10 to 30 years is adequate to teach them," she added.

Section 376 of the Penal Code provides that a person found guilty of rape is sentenced to 30 years jail and not less 10 strokes of the whip.