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Report No. 84

IX. Recklessness

2.15. Recklessness.-

It has further been suggested that it should be provided in section 375 that rape can take place when the man does not care whether the woman consented or not. It is difficult to see how the incorporation of this suggestion in section 375 will improve the present legal position. It must be remembered that a person out to commit rape is motivated by a strong uncontrollable passion or the lust of a savage. He will have his desire satisfied at any cost, no matter whether the woman consents or not, or whether or not he is being reckless in committing the act or in assuming consent.

His approach to the act of rape is mechanical, non-emotional one. A rapist cannot be likened to a person wooing a lady with boastful phrases like "I came, I saw and I conquered" or by saying "you may strive, you may struggle for a while, but you too will ultimately fall like the lady in Don Juan". The crucial question is of consent; and on this question, the feelings of recklessness of a person about to commit rape have no bearing whatsoever.

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

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