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Section 375 Rape Consent of Drunk Woman For Sex Invalid Video Lecture | Crash Course for CLAT

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FAQs on Section 375 Rape Consent of Drunk Woman For Sex Invalid Video Lecture - Crash Course for CLAT

1. What is Section 375 in relation to rape?
Ans. Section 375 of the Indian Penal Code (IPC) defines rape as a criminal offense. It states that a man is said to commit rape if he has sexual intercourse with a woman against her will, without her consent, or if she is unable to give consent due to certain circumstances.
2. Does the Bombay High Court judgment state that consent of a drunk woman for sex is invalid?
Ans. Yes, according to the Bombay High Court judgment, the consent of a drunk woman for sex is considered invalid. The court held that the woman's ability to provide informed consent is compromised when she is intoxicated, thereby making any sexual act in such circumstances tantamount to rape.
3. What is the analysis of the Bombay High Court judgment regarding consent of a drunk woman?
Ans. The analysis of the Bombay High Court judgment suggests that the court recognizes the importance of consent in sexual encounters and highlights the need for clear and unequivocal consent. It emphasizes that consent given by a woman who is under the influence of alcohol cannot be considered valid due to her impaired decision-making abilities.
4. How does this judgment impact cases of rape involving intoxicated individuals?
Ans. This judgment sets a precedent that the consent of a drunk woman for sex is not valid and can be considered as rape. It strengthens the legal protection for victims of sexual assault who were incapacitated due to intoxication, ensuring that their lack of consent is recognized and the offenders are held accountable.
5. Are there any exceptions or considerations in the Bombay High Court judgment regarding consent of a drunk woman?
Ans. The Bombay High Court judgment does not provide any specific exceptions or considerations regarding the consent of a drunk woman for sex. It uniformly holds that in cases of sexual intercourse with an intoxicated woman, her consent cannot be regarded as valid, regardless of the circumstances.
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