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.
