Drunk woman’s consent for sex is not valid: Bombay High Court
The Bombay High Court held that consent given by an intoxicated woman will not be considered valid or an �excuse to commit rape� when judging a relevant case.
The Bombay High Court held that consent given by an intoxicated woman will not be considered valid or an ‘excuse to commit rape’ when judging a relevant case.
According to a Hindustan Times report, the court has observed that if a woman says ‘no’ to intercourse even once, it should signify that she is not interested. It also added that consent should be ‘free and unambiguous’ for the incident to not be called as rape.
“A woman, when intoxicated, is incapable of giving a free and conscious consent to a sexual relationship,” the court said.
“Not every ‘Yes’ is covered as valid consent defined under section 375 of the Indian Penal Code. The term ‘without a woman’s consent’ has a wider meaning and covers a broader area of her wish to have sexual intercourse,” said Justice Mridula Bhatkar, adding that “silence, or uncertainty” in itself, cannot demonstrate consent.
Bhatkar further added that ‘silence or uncertainty’ in itself cannot indicate consent.
Justice Bhatkar was hearing the bail applications filed by a resident of Pune, who was charged of gangraping a colleague with two other friends.
The accused claimed that the victim had consumed four cocktails on the night of the incident, following which he had taken her to his friend’s flat.
However, the victim claimed that she had not consumed alcohol intentionally. Instead, she alleged the accused had spiked her drinks, adding that she was unconscious when he took her to his friend's flat.