Consent

Essential ingredient of fornication is establishment by way of evidence of the fact that it was a willful intercourse between the parties

It is essential that for the purposes of fornication consent be established

Consent means an unequivocal voluntary agreement with the woman by words, gestures or any form of verbal or non-verbal communication, which communicates her willingness to participate in the sexual act

Consent goes to the very root of right to dignity under Article 9 of the Constitution because in a case of rape where she states that there is no consent then to impute consent, that too without evidence of the same, undermines dignity and right to privacy of a woman

Without any evidence on the fact of consent or willingness, offence of fornication cannot be made out

Consent has to be established and it cannot be assumed.

Consent of the Advocate General required under S. 29 of the Mental Health Ordinance, 2001, is a substantive function in order to ensure that the objectives of the Ordinance are achieved

Legislature in its wisdom has created a first level of inquiry through the Advocate General's office to ensure that the application as well as the fact that prima facie there is a case to be placed before the Court of Protection

Such heightened protection is given to protect a person who cannot coherently protect his or her rights or property.

Obligation to act upon such order/decree becomes indispensible legally and morally.

Basic ingredient of a contract/agreement was consent, which could not be imposed on a party.

Consent Factum of consent could be proved by oral evidence.

How and in what circumstances consent order was passed by the Court is a question of fact.