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Sex obtained by Fraud : An Analysis of Consent vis-à-vis Rape-Law

By Dr. P. H. Pendharkar , B.V. Ahire

Published In

CRLJ 2015

Introduction The instances of complaint of rape under section 376, Indian Penal Code (IPC) for the breach of promise of marriage and sometimes false promise of marriage are escalating. The offence of ‘rape’ can simply be defined as ‘a sexual intercourse1  by a man with a woman without her consent and against her will.’ Clauses Thirdly to Seventhly of Section 375 specify the circumstances under which the consent ‘for sexual intercourse’ becomes invalid. Section 90, IPC, a general provision on consent, also specifies the circumstances under which the consent becomes invalid. In this context one of the most important issues in Uday v. State of Karnataka2  was: ‘while determining the validity of consent for sexual intercourse the provisions of section 375, which is a special provision, alone have to be taken into consideration, and not the gen ....

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