Report No. 84

VI. Use of Intoxicants and Stupefying Substances

2.10. Drugs, intoxicants and anesthetics.-

We may now mention one situation which should also, in our view, be dealt with in section 375. Medico-legal literature furnishes cases of intercourse being attempted or consummated not only with the help of intoxicants-a situation covered by section 90, though not expressly by section 375, Indian Penal Code-but also by the use of stupefying substances. It is obvious that consent to intercourse given in such cases is not real consent. Such intercourse would possibly constitute rape if the requirement of "free and voluntary" consent is introduced-as is going to be our recommendation. However, it may be desirable to cover it specifically in section 375.