A woman does not physically resist to the act of penetration, it cannot be regarded as a consenting to the sexual activity - Patna High Court

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In a significant ruling, the Patna High Court 22/06/22 held that the absence of physical resistance on the part of a rape survivor does not mean that she consented to the act.

"The prosecutrix is a married woman having a son aged about 4 years. She was pitted against an adult male at her house in the night hours. In such a situation, it might not be possible for her to offer resistance to the act of the accused. Moreover, mere non-offering of resistance cannot amount to consent." - The court.

"Proviso clause of Section 375 makes it clear that only because a woman does not physically resist the act of penetration, it cannot be regarded as a consenting to the sexual activity."