On May 6, 2025, the Nagpur bench of the Bombay High Court delivered a significant judgment reinforcing the principle that “No means No,” emphasizing that a woman’s refusal must be respected unequivocally, irrespective of her past relationships or personal choices.

The case involved the 2014 gang rape of a woman in Maharashtra’s Chandrapur district. The survivor, estranged from her husband, was in a live-in relationship with another man. She had previously been in a relationship with one of the accused. The defense argued that these past relationships implied consent. However, the court firmly rejected this notion, stating that a woman’s past or character is irrelevant in determining consent.

Justices Nitin Suryawanshi and M.W. Chandwani, while upholding the convictions of three men under Section 376D of the Indian Penal Code (gang rape), asserted:

“A woman who says ‘NO’ means ‘NO’. There exists no further ambiguity and there could be no presumption of consent based on a woman’s so-called immoral activities.”

The court emphasized that sexual violence is not merely a physical act but an assault on a woman’s body, mind, and privacy. It objectifies a woman and shakes the very core of her life. The judges highlighted that even if a woman consents to sexual activities at a particular instance, it does not imply consent at all other times.

While upholding the convictions, the court reduced the life sentences of two main accused to 20 years of rigorous imprisonment, considering the nature of the crime and the time already served. One accused was acquitted, another’s sentence was reduced, and one died during the appeal. The landlord’s brother’s sentence was upheld.

This judgment is a reaffirmation of a woman’s autonomy and the legal system’s stance that consent must be explicit and cannot be presumed.

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