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Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.
I) If he has given consent under fear of injury or misconception of fact
II) If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxication
III) If he is a minor under the age of 12 Yrs.
Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?
- a)A is liable since she consented under a misconception of fact
- b)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercourse
- c)A is not liable since she is a major
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Principle: By virtue of section 90 IPC, consent given by a person is n...
The correct option is A.
The consent for sexual intercourse obtained by a person by giving false promise of marriage would not excuse him from rape charges. Whenever the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact as per Section 90 of the Indian Panel Code, and, in such a case, such a consent would not excuse the offender and such an offender can be said to have committed the rape as defined under Section 375 of the Indian Panel Code, and can be convicted for the offence under Section 376 of the IPC.
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Principle: By virtue of section 90 IPC, consent given by a person is n...
Principle:
According to Section 90 of the Indian Penal Code (IPC), consent given by a person is not considered valid consent if given under certain circumstances. These circumstances include the following:
I) If the consent is given under fear of injury or misconception of fact.
II) If the person is unable to understand the nature and consequences of his or her consent due to unsoundness of mind or intoxication.
III) If the person giving consent is a minor under the age of 12 years.
Facts:
In this case, A promises B, a woman, that he would marry her if she consents to sexual intercourse. B consents and becomes pregnant. However, when A is informed of B's pregnancy, he refuses to marry her.
Explanation:
In this scenario, A promised to marry B in exchange for her consent to sexual intercourse. However, A's promise to marry B was a misrepresentation of fact, as he had no intention of fulfilling his promise. Therefore, B's consent was obtained under a misconception of fact, as she believed that A would marry her if she agreed to have sexual intercourse.
According to Section 90 of the IPC, consent obtained under a misconception of fact is not considered valid consent. Therefore, A cannot escape liability by claiming that B had given her consent. A has committed an offence by inducing B to give her consent under false pretenses.
Conclusion:
Based on the principle and the given facts, the correct answer is option 'A'. A is liable since B's consent was obtained under a misconception of fact.
According to Section 90 of the Indian Penal Code (IPC), consent given by a person is not considered valid consent if given under certain circumstances. These circumstances include the following:
I) If the consent is given under fear of injury or misconception of fact.
II) If the person is unable to understand the nature and consequences of his or her consent due to unsoundness of mind or intoxication.
III) If the person giving consent is a minor under the age of 12 years.
Facts:
In this case, A promises B, a woman, that he would marry her if she consents to sexual intercourse. B consents and becomes pregnant. However, when A is informed of B's pregnancy, he refuses to marry her.
Explanation:
In this scenario, A promised to marry B in exchange for her consent to sexual intercourse. However, A's promise to marry B was a misrepresentation of fact, as he had no intention of fulfilling his promise. Therefore, B's consent was obtained under a misconception of fact, as she believed that A would marry her if she agreed to have sexual intercourse.
According to Section 90 of the IPC, consent obtained under a misconception of fact is not considered valid consent. Therefore, A cannot escape liability by claiming that B had given her consent. A has committed an offence by inducing B to give her consent under false pretenses.
Conclusion:
Based on the principle and the given facts, the correct answer is option 'A'. A is liable since B's consent was obtained under a misconception of fact.
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Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
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Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer?.
Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.I)If he has given consent under fear of injury or misconception of factII)If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxicationIII)If he is a minor under the age of 12 Yrs.Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?a)A is liable since she consented under a misconception of factb)A is not liable to be punished for rape or any other offence. B has validly consented to have sexual intercoursec)A is not liable since she is a majord)None of the aboveCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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