Under Explanation 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023, which defines "consent" for the…

Explanation 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 375 IPC as substituted in 2013) defines "consent" as an unequivocal voluntary agreement when the woman by words, gestures, or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act. Its proviso expressly stipulates that a woman who does not physically resist the act of penetration shall not by the reason only of that fact be regarded as consenting. Moreover, under the sixth description in Section 63(vi), sexual acts with a woman under eighteen years of age constitute rape with or without her consent.