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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct 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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct 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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct 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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct 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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct 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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct 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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct 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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct 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.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?a)Because the woman voluntarily attended the party and drank drink, the mans conduct cannot be classified as rape.b)The mans acts can be regarded as rape because the womans semi-consciousness prevents her from giving clear-cut voluntary consent.c)The mans acts are not regarded as rape because the woman impliedly consented to sexual activity at the party when she gave her initial assent.d)Because Section 90 does not apply to situations involving alcohol intake, the mans actions are not constituted rape.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.