Rape victim invited trouble herself: Allahabad High Court
Dr. VK Singh (Senior Journalist)
High Court Allahabad: Recently on April 10, 2025, Justice Sanjay Sinha granted bail to a rape accused saying that the rape victim herself is responsible for whatever happened to her. During the hearing on the bail application, the accused’s lawyer said that both the prosecution and the accused are adults and the victim herself had consumed alcohol and had given her consent for it, while in the said case, the victim said that she had gone to a bar in Delhi with her three female friends and there she drank alcohol with her friends, where she met the accused. She was intoxicated due to excessive drinking and wanted to rest for a while. The accused suggested her to go to his house somewhere in Noida. There she can rest. She gave her consent for this. However, according to Section 375 of the IPC, giving consent to drink alcohol with a male friend is not consent to have physical relations in a state of intoxication. It will be considered rape.
Now we need to understand Section 375 of the Indian Penal Code. According to the section of the IPC (1860), taking consent for physical relations with a married/unmarried girl/woman in a drunken state and establishing physical relations with her will be considered rape. However, the judges of the High Court should avoid making direct comments keeping in mind the modesty and dignity of women.
However, the sexual assault on the victim not only shames the civilized society but also tarnishes the male society as well as the female society. Such incidents often happen with women who are intoxicated with modernity. Paying homage to Nari Shakti is an important and integral part of our culture. But going to a bar and drinking with a stranger and then agreeing to go to his house with him in a drunken state is inviting trouble.
The female power must ask itself this question: has it really become modern or has it become a slave of Western civilization in the race of modernity? Is it also their responsibility to protect their womanhood and motherhood?
To call the judge’s comment totally wrong is to turn away from the truth.