Consent
Definition
Under BNS 2023 Explanation 2 to Section 63, unequivocal voluntary agreement by words, gestures or any verbal or non-verbal communication. Absence of physical resistance does not imply consent.
- Legal basis
- BNS 2023, Explanation 2 to Section 63
- Jurisdiction
- India
- Requirement
- Unequivocal voluntary agreement, verbal or non-verbal
- Key clarification
- Absence of resistance does not imply consent
Common questions
Why does the law specify that absence of physical resistance is not consent?+
This clarification prevents a common misreading of past case law where a lack of visible struggle was treated as evidence the victim agreed. It recognises that fear, shock, or coercion can prevent physical resistance without indicating agreement.
How does this consent standard affect a forensic medical examination?+
The examiner documents physical findings but does not determine consent, which is a legal question decided by the court based on testimony and the surrounding circumstances. Medical evidence can support or be consistent with either account, so forensic reports typically avoid concluding on consent itself.
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