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Direction: Read the following passage carefully and answer the questions that follow.
The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules.  Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.
Q. According to the Kerala High Court's observation, under what circumstances can a woman give consent for sex?
  • a)
    Only when she communicates her willingness verbally
  • b)
    Only when she is fully conscious and aware
  • c)
    In any state, as long as she does not express disagreement
  • d)
    When she is semi-conscious but not under fear or misunderstanding
Correct answer is option 'B'. Can you explain this answer?
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Direction: Read the following passage carefully and answer the questio...
In the passage provided, the Kerala High Court's observation clearly states that a woman in a semi-conscious state cannot give consent for sex. This means that for consent to be valid, the woman must be fully conscious and aware of the situation. The Court's decision in the case mentioned in the passage was based on this principle, emphasizing the importance of a woman's full awareness and consciousness when giving consent for sexual activity. Therefore, the correct answer is option B.
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Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.Attending a party, the woman drank wine and afterwards lost consciousness. She was raped by a man at the party who took advantage of her vulnerability. What is the situations legal standing in light of the interpretation of the pertinent legal provisions?

Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.In the Indian legal context, which sections of the Indian Penal Code (IPC) are relevant for defining consent in cases of rape?

Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.A woman who is taking a drowsiness-inducing drug consents to having sex with her partner. What is the situations legal standing in light of the pertinent legal framework?

Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.The Kerala High Court denied the accuseds request for anticipatory bail in the matter of an alleged rape involving a woman from the Scheduled Caste community who was made semi-conscious after being given a cake and a bottle of water that contained a poisonous chemical. What determined the courts decision most?

The Indian Penal Code, 1860 does not define ‘consent’ in positive terms, but what cannot be regarded as ‘consent’ under the Code is explained by Section 90. Section 90 reads as follows: “90. Consent known to be given under fear or misconception - A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;…” Consent given firstly under fear of injury and secondly under a misconception of fact is not ‘consent’ at all. That is what is enjoined by the first part of Section 90. These two grounds specified in Section 90 are analogous to coercion and mistake of fact which are the familiar grounds that can vitiate a transaction under the jurisprudence of our country as well as other countries. The factors set out in the first part of Section 90 are from the point of view of the victim. The second part of Section 90 enacts the corresponding provision from the point of view of the accused. It envisages that the accused too has knowledge or has reason to believe that the consent was given by the victim in consequence of fear of injury or misconception of fact. Thus, the second part lays emphasis on the knowledge or reasonable belief of the person who obtains the tainted consent. The requirements of both the parts should be cumulatively satisfied. In other words, the court has to see whether the person giving the consent had given it under fear of injury or misconception of fact and the court should also be satisfied that the person doing the act i.e. the alleged offender, is conscious of the fact or should have reason to think that but for the fear or misconception, the consent would not have been given. This is the scheme of Section 90 which is couched in negative terminology. Section 90 cannot, however, be construed as an exhaustive definition of consent for the purposes of the Indian Penal Code, 1860. The normal connotation and concept of ‘consent’ is not intended to be excluded. Various decisions of the High Court and of Supreme Court have not merely gone by the language of Section 90, but travelled a wider field, guided by the etymology of the word ‘consent’.Q.According to your understanding of the given passage, why is negative terminology used to explain the meaning of consent under Section 90?

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Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. Can you explain this answer?
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Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. 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 Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. Can you explain this answer?.
Solutions for Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: Read the following passage carefully and answer the questions that follow.The Kerala High Court on Thursday observed that a woman in a semi-conscious state cannot give consent for sex. Justice A Badharudeen, therefore, rejected a plea for anticipatory bail by a man accused of rape. The Court was dealing with a case involving allegations that a woman belonging to Scheduled Caste community, was raped after she was given cake and a bottle of water containing a noxious liquid, which rendered her semi-conscious. The application of relevant sections of the IPC that define consent in the context of rape reveals that seemingly victim-friendly definitions of rape have proven insufficient in the Indian socio-cultural context. Section 90 of the Code defines consent broadly and negatively, whereas Section 375 defines it specifically for the offense of rape. In cases of rape, both sections must be read together, with the latter specific provision superseding the former according to established statutory interpretation rules. Section 90 states that “Consent is not consent in the sense intended by any section of this Code if it is given by a person under fear of injury or under a misconception of fact, and the person doing the act knows or has reason to believe, that the consent was given as a result of such fear or misunderstanding.” Explanation 2 of Section 375 states that, “Consent means an unequivocal voluntary agreement when the woman communicates her willingness to participate in the specific sexual act via words, gestures, or any other form of verbal or nonverbal communication.Q.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?a)Only when she communicates her willingness verballyb)Only when she is fully conscious and awarec)In any state, as long as she does not express disagreementd)When she is semi-conscious but not under fear or misunderstandingCorrect answer is option 'B'. 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