In the law of rape under Section 375 of the Indian Penal Code, the expressions “against her will” and “without her consent” are closely related, but they are not synonymous. This distinction is important because it helps the court understand whether the act was done in the face of active opposition or in the absence of a legally valid agreement.
The two expressions overlap in many cases, yet each has a distinct legal emphasis. “Against her will” focuses on the woman’s unwillingness, while “without her consent” focuses on the absence of a voluntary and conscious agreement to the act.
