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Showing posts with label Navtej Singh Johar. Show all posts
Showing posts with label Navtej Singh Johar. Show all posts

Saturday, May 8, 2021

Sexual and Unnatural Offences (Ss 375-377) IPC



Section 375 - Rape

Before understanding what constitutes the offence of rape, it is important to understand what is understood by Consent.

What is Consent?

Explanation 2 to Section 375 defines consent as
          - unequivocal
          - voluntary
          - agreement
when a woman, by:
          - words
          - gestures or
          - any form of verbal or non-verbal communication
communicates willingness to participate in the specific sexual act.

PROVISO - A woman cannot be regarded as consenting to the sexual activity merely because she does not physically resist to the act of penetration.