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Report No. 84

2.22. Freedom of consent as dealt with in earlier Report.-

As to the relationship between section 90 of the Code (which lays down what is not consent for the purposes of the code) and the specific factors vitiating consent in relation to the offence of rape which are to be considered as relevant under section 375, the Commission, in its earlier Report, as already stated,1 considered the position at some length and also made recommendations for specifically adding certain situations in section 375. Since this aspect of the matter has, during the last few years, assumed even greater importance, we are not only incorporating whatever was recommended in the earlier Report, but, pursuing the same approach, we are suggesting amendments which2 would fortify the concept of "free consent" for the purposes of section 375 and spell it out more clearly in its application to several conceivable situations that represent the variety of flaws in consent.

1. See para. 2.3, supra.

2. Para. 2.24,infra.

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

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