Pramod Suryabhan Pawar vs The State Of Maharashtra on 21 August, 2019
"23. This Court also examined the interplay between Section
375 IPC and Section 90 IPC in the context of consent in the case
of Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9
SCC 608, and held that consent with respect to Section 375 IPC
involves an active understanding of the circumstances, actions
and consequences of the proposed act. An individual who makes
a reasoned choice to act after evaluating various alternative
actions (or inaction) as well as the various possible
consequences flowing from such action (or inaction), consents to
such action. After deliberating upon the various case laws, this
Court summed up the legal position as under: