Report No. 84

2.29. Consent not to be a defence.-

However, we would like to make one addition. An indecent assault otherwise punishable under section 354 would presumably escape punishment if the assault is committed on the girl with her consent. The reason is, that if a girl consents, her "modesty"' cannot be outraged, and one of the essential requirements of the section would not then be satisfied. This, at least, has been the judicial construction1 of the section. Moreover, an act done with consent may not fall within "assault", unless the law, in a particular case, provides expressly to the contrary.

1. Sadananda Bargohin v. State, 1972 Cr LI 658 (Assam).