Very Fact That Victim Used To Video Call Accused In Early Morning Shows Her Consent: Karnataka HC
The Karnataka High Court, in its recent observation, highlighted that the behavior of the alleged victim, specifically engaging in early morning video calls with the accused, could indicate consent. This reflects the principle that courts often consider the conduct of parties alongside other evidence to determine whether an act was consensual or not.
Key Principles
Consent Is a Fact-Based Inquiry:
Consent is not determined solely by verbal denial or post-facto allegations; courts examine the conduct of both parties before and during the incident.
Behavior Before the Alleged Offense Matters:
Courts have consistently noted that prior interaction, intimacy, and willingness to communicate can be relevant to assess consent.
Video Calls and Digital Communication:
In today’s digital era, patterns of communication such as messages, calls, and video chats can be treated as circumstantial evidence in establishing consent or lack thereof.
Relevant Case Law
State of Karnataka v. K. P. Ramakrishna (Karnataka HC, 2023)
Facts: The case involved allegations of sexual assault, but evidence showed that the complainant had voluntarily engaged in frequent video calls with the accused, including during early hours.
Holding: The Karnataka High Court noted that such conduct suggested consent and familiarity, reducing the probability of coercion or force. The Court emphasized that mere allegations without corroborative evidence or contrary behavior may not substantiate claims of non-consent.
Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329
Facts: Consent was disputed in a sexual offense case.
Holding: Supreme Court observed that consent can sometimes be inferred from the victim’s conduct and circumstances surrounding the interaction. Previous voluntary intimacy or communication can be considered relevant in determining consent.
State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Principle: Courts must weigh all surrounding circumstances—including prior interactions—while assessing consent, especially in sexual offense cases.
Practical Implications
Courts are increasingly considering digital evidence and behavioral patterns in sexual offense cases.
While consent cannot be assumed purely from communication, repeated voluntary interaction (e.g., early morning video calls) may weigh in favor of the accused if no other coercive evidence exists.
This principle does not negate the seriousness of allegations but emphasizes careful evaluation of evidence and context before concluding lack of consent.
RELATED Blog
0 comments