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Report No. 84

2.30. Need for change.-

We are of the opinion that the law should expressly so provide in the case of indecent conduct with girls below 16 years. Having regard to the current thinking on the subject, it appears to be desirable to deal specifically with such indecency (with girls below 16, even with their consent). In our opinion, besides incorporating section 354A in the Indian Penal Code, it is also necessary to further ensure by an express provision that the section will apply even where there is consent. In other words, consent of the woman should not prevent an act from being an assault for the purposes of this section and should not be a defence to a charge under this section.

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

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