📷 Image: Wikimedia Commons / Flashthomsom
Crime
Jharkhand High Court Rules Lack of Resistance Not Reason to Disbelieve Rape Victim
✍️ Live Law
🗓 08 Oct 2026, 04:01 AM
👁 10
The Jharkhand High Court held that the absence of physical resistance cannot be used to question a rape survivor's testimony, reinforcing victim‑friendly jurisprudence.
The bench of the Jharkhand High Court delivered a landmark observation that a survivor's failure to show signs of resistance should not be interpreted as disbelief in her account of rape. The judgment emphasized that the law must focus on the circumstances of the alleged assault rather than on stereotypical expectations of physical resistance.
The court noted that demanding proof of resistance places an unfair burden on victims and contravenes the principles laid down by higher courts to protect survivors of sexual violence. It reiterated that the credibility of a complainant should be assessed on the totality of evidence, not on the presence or absence of physical struggle.
Legal experts view the ruling as a reinforcement of the Supreme Court's guidelines that aim to make the criminal justice system more sensitive to the realities faced by rape victims. The decision is expected to influence lower courts across the state in handling similar cases.
The judgment also calls for law enforcement agencies to adopt a victim‑centred approach during investigations, ensuring that questioning does not hinge on outdated notions of resistance. This aligns with ongoing efforts to improve the handling of sexual offence cases nationwide.
The court noted that demanding proof of resistance places an unfair burden on victims and contravenes the principles laid down by higher courts to protect survivors of sexual violence. It reiterated that the credibility of a complainant should be assessed on the totality of evidence, not on the presence or absence of physical struggle.
Legal experts view the ruling as a reinforcement of the Supreme Court's guidelines that aim to make the criminal justice system more sensitive to the realities faced by rape victims. The decision is expected to influence lower courts across the state in handling similar cases.
The judgment also calls for law enforcement agencies to adopt a victim‑centred approach during investigations, ensuring that questioning does not hinge on outdated notions of resistance. This aligns with ongoing efforts to improve the handling of sexual offence cases nationwide.