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What is the difference between against her will and without her consent?
The courts have clarified that these are two separate tracks to proving rape: ‘against her will’ means the woman has resisted and there was opposition while ‘without her consent’ would comprehend an act of reason accompanied by deliberation (State of UP v Chottey Lal (2011) 2 SCC 550).
What is the difference between will and consent?
Will is a desire, longing, ability to do something that you intend. Consent is permission or acceptance to do something.
When consent will not be treated as a valid consent under IPC?
When consent is not a defence – Section 90 IPC A person of unsound mind, a child under 12 years of age, intoxicated persons, and so are not capable of giving valid consent. The consent given must be free from any fear or misconception or such misconception of the fact that arises out of misrepresentation, fraud, etc.
What is not consent under IPC is contained in?
Section 90 of the IPC, though does not define ‘consent’, yet lays down what is not consent. It regulates the operations of Sections 87, 88 and 89 of the I.P.C. There are four cases where a consent given by a person is no consent.
What is consent under IPC?
Explanation 2 appended to section 375 of the Indian Penal Code defines consent as “an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act”.
When consent given by a person is not a valid consent?
—if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of child. —unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
What is consent law?
consent. 1) n. a voluntary agreement to another’s proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.