Consent Under Fear is Not True Consent, Rules Allahabad High Court
The Allahabad High Court has ruled that a sexual relationship with a woman, even if she appears to give consent, amounts to rape if such consent is obtained under fear, threat, or misconception.
Justice Anis Kumar Gupta dismissed a petition filed by Raghav Kumar, who sought to quash the rape charges against him in a case registered under Section 376 of the Indian Penal Code (IPC) in Agra. The charge sheet, filed in December 2018, alleged that the accused first engaged in a sexual act by rendering the woman unconscious and later continued the relationship on the false promise of marriage.
The petitioner’s counsel argued that both the man and the woman were preparing for civil services exams and had a long-standing consensual relationship. Therefore, no offence under Section 376 was made out, the counsel said.
However, the state counsel opposed this, stating that the relationship began through deceit and coercion, making the so-called consent invalid.
After reviewing the evidence, the High Court observed that since the initial physical relationship was established through cheating, threat, and without free consent, the offence of rape under Section 376 IPC was clearly made out. The Court further noted that even later consent was influenced by fear and the false promise of marriage, which does not amount to valid consent in law.
Dismissing the petition, the Court held that there was no justification to quash the criminal proceedings.
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