Indian Penal Code,1860  - Section 375 , Section 376

Essentials and parameters of the offence of rape Section 375 IPC - Where the woman is in possession of her senses, and therefore, capable of consenting but the act is done against her will; and second, where it is done without her consent; the third, fourth and fifth, when there is consent, but it is not such a consent as excuses the offender, because it is obtained by putting her on any person in whom she is interested in fear of death or of hurt. The expression "against her will" means that the act must have been done in spite of the opposition of the woman - "Consent" is also stated to be an act of reason coupled with deliberation. It denotes an active will in the mind of a person to permit the doing of an act complained of. Section 90 IPC, though, does not define "consent", but describes what is not consent - Section 375, requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent - Whether there was consent or not, is to be ascertained only on a careful study of all relevant circumstances.

Topic(s)-Rape – Consent – Conviction set aside