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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. In the Indian legal context, which sections of the Indian Penal Code (IPC) are relevant for defining consent in cases of rape?
  • a)
    Section 90 and Section 375
  • b)
    Section 375 and Section 377
  • c)
    Section 375 and Section 376
  • d)
    Section 90 and Section 376
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Direction: Read the following passage carefully and answer the questio...
The passage discusses the relevant sections of the Indian Penal Code (IPC) that define consent in cases of rape. It specifically mentions Section 90 and Section 375. Section 90 of the IPC defines consent broadly, stating that it is not valid if given under fear of injury or under a misconception of fact. Section 375, on the other hand, defines consent specifically for the offense of rape. The passage also highlights that in cases of rape, both sections must be read together, with the specific provision (Section 375) superseding the broad provision (Section 90). This indicates that both these sections play a crucial role in defining consent in rape cases, making option A the correct 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.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.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.According to the Kerala High Courts observation, under what circumstances can a woman give consent for sex?

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?

Read the information given below carefully and answer the following question.Black’s Law Dictionary describes ‘bail’ as procuring “the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the court.”In the 1973 case Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry, the Calcutta High Court explained the principle behind giving bail: “The law of bails… has to dovetail two conflicting demands, namely, on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of a person alleged to have committed a crime; and on the other, the fundamental canon of criminal jurisprudence viz. the presumption of innocence of an accused till he is found guilty.”As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest made.Section 438 of the Code of Criminal Procedure, 1973, lays down the law on anticipatory bail. Sub-section (1) of the provision reads: “When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.”The provision empowers only the Sessions Court and High Court to grant anticipatory bail.Anticipatory bail became part of the new CrPC in 1973 (when the latter replaced the older Code of 1898), after the 41st Law Commission Report of 1969 recommended the inclusion of the provision.The report said, “The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for the purpose of disgracing them or for other purposes by getting them detained in jail for some days… Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to custody, remain in prison for some days and then apply for bail.”In the 1980 Gurbaksh Singh Sibbia vs State of Punjab case, a five-judge Supreme Court bench led by then Chief Justice Y V Chandrachud ruled that S. 438 (1) is to be interpreted in the light of Article 21 of the Constitution (protection of life and personal liberty).It also observed, “It may perhaps be right to describe the power (of anticipatory bail) as of an extraordinary character… But this does not justify the conclusion that the power must be exercised in exceptional cases only, because it is of an extra-ordinary character. We will really be saying once too often that all discretion has to be exercised with care and circumspection depending on circumstances justifying its exercise.”While granting anticipatory bail, the Sessions Court or High Court can impose the conditions laid down in sub-section (2).Section 438(2) reads: “When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including —(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;(iii) a condition that the person shall not leave India without the previous permission of the Court”Q.Aquaman is opposing the demand of anticipatory bail by Ursuala. In the above fact based on the information in the given passage, which of the following, if correct, would most strengthen Aquaman’s case?

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?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct answer is option 'A'. Can you explain this answer?
Question Description
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?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct 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 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?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct 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 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?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct answer is option 'A'. 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.In the Indian legal context, which sections of the Indian Penal Code (IPC) are relevant for defining consent in cases of rape?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct answer is option 'A'. 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.In the Indian legal context, which sections of the Indian Penal Code (IPC) are relevant for defining consent in cases of rape?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct answer is option 'A'. 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.In the Indian legal context, which sections of the Indian Penal Code (IPC) are relevant for defining consent in cases of rape?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct answer is option 'A'. 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.In the Indian legal context, which sections of the Indian Penal Code (IPC) are relevant for defining consent in cases of rape?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct answer is option 'A'. 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.In the Indian legal context, which sections of the Indian Penal Code (IPC) are relevant for defining consent in cases of rape?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct answer is option 'A'. 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.In the Indian legal context, which sections of the Indian Penal Code (IPC) are relevant for defining consent in cases of rape?a)Section 90 and Section 375b)Section 375 and Section 377c)Section 375 and Section 376d)Section 90 and Section 376Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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