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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?
Most Upvoted Answer
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.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 2025 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 2025 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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