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Report No. 84

VII. Violence Not Necessary

2.11. Overt violence, if necessary.-

While these are the main amendments on the point of consent, we may also mention a few points that have been raised during the suggestions made to us, concerning the concept of consent. There is a suggestion that the definition of "rape" should make it clear that the crime can take place without overt violence. We have given careful thought to this aspect, but we do not think that the law needs any clarification in this regard. Overt violence, or, for that matter, violence of any particular category, is not a necessary element of rape as defined in section 375. The cardinal fact is absence of consent on the part of the woman.1

There can be cases of consent even when there is no violence. Violence-or, for that matter, marks of resistance-are not conclusive of consent. In any case, after a clarification is made in section 375 on the lines recommended by us, this point would lose much of its practical importance.2



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




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