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Report No. 84

V. Free and Voluntary Consent

2.8. Effect of recommended amendment.-

We shall indicate later the changes that we are recommending to section 375, particularly those on the issue of consent. It will be seen that the amendments recommended by us in the second and third circumstz.-ices enumerated in section 375 considerably widen their scope. The substitution of the expression "free and voluntary consent" for the word "consent" in the second clause makes it clear that the consent should be active consent, as distinguished from that consent which is said to be implied by silence.

Under the amendment as recommended, it would not be open to the Court to draw an inference of consent on the part of the woman from her silence due to timidity or meekness or from such circumstances without any more-as that the girl meekly followed the offender when he pulled her, catching hold of her hand, or that the woman kept silent and did not shout or protest or cry out for help.

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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