Rao Harnarayan Singh v. State AIR 1958 P&H 123
Punjab & Haryana High Court
1958
AIR 1958 P&H 123
Criminal Law (Consent)
Reading: ~8 min
India
Author: Gulzar Hashmi
Published: 02 Nov 2025
CASE_TITLE: Rao Harnarayan Singh v. State
PRIMARY_KEYWORDS: consent vs submission, rape law, AIR 1958 P&H 123
SECONDARY_KEYWORDS: duress, coercion, Section 375, bail discretion, witness tampering risk
PUBLISH_DATE: 02-11-2025
Quick Summary
The Court drew a sharp line between consent and submission. A woman consents only when she freely agrees, with full control to refuse. If she gives in due to pressure, fear, or duress, it is not consent. On the facts, the Court found no prima facie consent and, considering the risk of witness/evidence tampering, refused bail.
Citation: AIR 1958 P&H 123 · Area: Criminal Law (Consent & Bail)
Issues
- Does submission under pressure amount to consent in rape law?
- Should bail be granted when there is a risk of influencing witnesses or destroying evidence?
Rules
- Meaning of consent: Free, voluntary agreement by a woman who is in unconstrained possession of her physical and moral power to choose.
- Submission ≠ Consent: Helpless resignation, quiescence, non-resistance, or giving in under fear/duress is not consent.
- Bail discretion: Bail can be refused if there is a real risk of witness/evidence tampering or obstruction of justice.
Facts (Timeline Style)
18 Apr 1957 (Evening): Rao Harnarayan Singh hosts a farewell for a jail official.
Demand Alleged: Kalu Ram is pressured to send his 19-year-old wife, Mst. Surti, for the host and guests.
Resistance & Pressure: Surti protests but, under her husband’s pressure, is made to surrender.
Alleged Assault & Death: Three accused ravish her; she dies soon after. Shrieks were reportedly heard by neighbours.
Next Morning: Cremation. Clothes allegedly removed before cremation later test positive for semen and human blood.
Charges: Accusations of rape and murder against the three men.
Arguments
Appellant
- Claim of consent or at least absence of coercion.
- Sought bail, disputing risk of interference with the case.
Respondent (State)
- Surti’s protests and shrieks show lack of consent; only submission under pressure.
- Evidence risk: High chance of tampering; bail should be refused.
Judgment
The Court held there was a prima facie absence of consent. Given the gravity of allegations and risk of witness/evidence tampering, the bail petition was dismissed.
- Consent finding: Submission under fear/pressure is not consent.
- Bail: Refused in exercise of judicial discretion.
Ratio Decidendi
Consent requires free choice. Where a woman’s will is overborne by fear, pressure, or duress, her submission is not consent in law. Courts may deny bail when liberty threatens the integrity of the trial.
Why It Matters
- Clarifies consent vs submission—key in sexual offence trials.
- Shows how bail discretion protects witnesses and evidence.
- Useful language for exam answers on duress and consent.
Key Takeaways
- Consent = free, informed, voluntary choice with power to refuse.
- Submission from fear/duress ≠ consent.
- Bail can be denied to prevent tampering with witnesses/evidence.
Mnemonic + 3-Step Hook
Mnemonic: F.V.P. — Free will, Voluntary choice, Power to refuse.
- Free will: no fear, no pressure.
- Voluntary choice: informed and conscious.
- Power to refuse: real ability to say “no”.
IRAC Outline
| Issue | Does giving in under pressure amount to consent? Should bail be granted amid risk of interference? |
|---|---|
| Rule | Consent must be free and voluntary; submission under fear is not consent. Bail may be refused to protect the trial process. |
| Application | Surti’s protests/shrieks indicate pressure and lack of free choice; thus no consent. Real risk of tampering justified refusal of bail. |
| Conclusion | No prima facie consent; bail refused. |
Glossary
- Consent
- A free, informed, voluntary agreement with the real power to refuse.
- Submission
- Giving in because of fear, pressure, or coercion; not the same as consent.
- Bail Discretion
- Judicial choice to grant/refuse bail considering risks to justice, like tampering.
FAQs
Consent must be free and voluntary. Submission due to fear or pressure is not consent.
There was a credible risk that the accused might tamper with witnesses or evidence if released.
Define consent, contrast with submission, apply to facts, and mention bail discretion when risks to justice exist.
Yes, consent involves submission, but not every submission is consent—context and free choice matter.
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