Kerala High Court: Being in Love does not imply Consent for Sex

High Court of Kerala Antiques fraud Investigation

Anushka Sharma-

Published On: November 21, 2021 at 18:00 IST

The Kerala High Court stated that simply being in love with someone cannot be assumed to be the victim’s consent for Sexual Intercourse while hearing a Rape Convict’s Case.

Justice R Narayana Pisharadi wrote in his ruling that helplessness in the face of compulsion cannot be construed as agreement.

Pisharadi went on to say that there is a big distinction between consent and submission, and that while every consent entails a submission, the opposite is not true.

‘Exercise of intelligence based on the knowledge of the significance and the moral effect of the act is required for consent,’ the Judgment stated.

The Appeal was brought by Syam Sivan, 26, who was convicted and punished by a Trial Court under several sections of the Indian Penal Code, including section 376, which deals with Rape.

In 2013, Syam accompanied a female he was dating to Mysuru, Karnataka, and had sexual intercourse with her without her consent, according to the Court’s decision.

It was stated that the criminal sold all of her gold jewellery, whisked her away to Goa, and then raped her again, threatening to commit suicide in front of her house if she refused to accompany him.

The court further stated that even if on certain occasions, the victim didn’t resist Syam, it cannot be considered as her consent for the sexual intercourse but only a ‘Passive submission…under unavoidable circumstances” since she had “no other option.’

The Court referred to the Supreme Court judgement  in Balwant Singh v State of Punjab, the Court held that Absence of injuries on the person of the prosecutrix does not lead to an inference of consent on her part or falsity of the allegation. It cannot be said that whenever resistance is offered there must be some injury on the body of the victim.

Also Read: All you need to know about Laws against Rape in India

Burden of Proof in Rape Cases

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