Is it considered rape if a woman under 18 gives consent?

In detail

Under the Bharatiya Nyaya Sanhita, 2023, Section 63 defines rape broadly to include any penetration of a woman's vagina, mouth, urethra or anus, whether by a penis, object, body part, or mouth. The law lists several situations where consent does not make the act lawful, including when the woman is under eighteen years of age. Therefore, if a girl under eighteen agrees to or is forced into any of these acts, it is still rape. Consent obtained through fear, deception, intoxication, mental incapacity, or when the woman cannot communicate consent is also invalid. Moreover, a woman's lack of physical resistance alone does not prove consent. The only exception is a medical procedure or sexual activity with a wife who is not a minor. Hence, the age of the woman overrides any claimed consent in determining rape.