Consent is a fundamental principle in the legal framework governing sexual offences in India. Over the years, Indian jurisprudence has evolved to interpret consent in increasingly nuanced ways, balancing the protection of victims with the rights of the accused. The statutory definition of consent under Section 375 of the Indian Penal Code, as amended in 2013, reflects a modern understanding of voluntary agreement, yet judicial interpretations continue to vary, particularly in cases involving intimate partners, promises of marriage, intoxication, and misuse of authority. This research critically examines the doctrinal and procedural dimensions of consent in Indian rape law, analysing key Supreme Court and High Court decisions, including Pramod Suryabhan Pawar, Mahmood Farooqui, Deepak Gulati, Uday v. State of Karnataka, and Independent Thought v. Union of India. The study also engages with comparative perspectives from the UK, US, and Canada to highlight possible reforms and best practices. By synthesizing statutory provisions, judicial reasoning, and scholarly commentary, the paper aims to identify gaps in legal interpretation, procedural implementation, and societal understanding, offering recommendations for a more coherent, gender-neutral, and autonomy-focused consent framework..
Download
Download XML