Consensual sex is a serious matter and has a legal aspect to it as well.

Sex is legally consensual in India only if the following are met:

- the participant involved is of legal age
- the participant is awake and is completely conscious and alert

Sex would be considered non-consensual if:

- the participant is a minor,
- the participant is forced to participate,
- the participant is under the influence of any substance (alcohol, drugs, etc.),
- there is uninformed removal of the condom during sex,
- the participant is intimidated, pressured, or threatened in any way