The Delhi High Court has ruled that a complainant’s alleged immorality or previous sexual conduct cannot be used to infer consent while deciding whether rape charges should be framed.
The revision challenged the discharge of an accused in a case alleging that he secretly recorded the complainant bathing, threatened to circulate the video and compelled repeated sexual relations. In its 13 October 2026 judgment, the court said the trial judge had prematurely assessed credibility and resolved disputed facts instead of asking whether the investigation disclosed sufficient grounds to proceed.
The court noted that Section 53A of the Evidence Act makes a victim’s character or previous sexual experience irrelevant to consent in prosecutions for specified sexual offences. It set aside the discharge order and remanded the matter for fresh consideration of charge, while clarifying that it expressed no view on guilt.