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1 - 10 of 23 (0.27 seconds)The Indian Penal Code, 1860
Section 376 in The Indian Penal Code, 1860 [Entire Act]
The Protection of Children from Sexual Offences Act, 2012
Section 363 in The Indian Penal Code, 1860 [Entire Act]
State Of Himachal Pradesh vs Mango Ram on 24 August, 2000
Section 90, though, does not define "consent", but
describes what is not consent. "Consent", for the purpose of
section 375, requires voluntary participation not only after
the exercise of intelligence based on the knowledge of the
significance and moral quality of the act but after having
fully exercised the choice between resistance and assent.
Whether there was consent or not, is to be ascertained only
on a careful study of all relevant circumstances. (See State
of H. P. v. Mango Ram.)"
Section 366 in The Indian Penal Code, 1860 [Entire Act]
Pradeep Kumar @ Pradeep Kumar Verma vs State Of Bihar And Anr on 17 August, 2007
In Pradeep Kumar Verma v. State of Bihar and Anr,
AIR 2007 SC 3059, this Court held as under: (SCC pp. 416
17, para 911)
"9. The crucial expression in Section 375 which
defines 'rape' as 'against her will'. It seems to connote
that the offending act was despite resistance and
opposition of the woman.
Deelip Singh @ Dilip Kumar vs State Of Bihar on 3 November, 2004
Consent within penal law, defining rape, requires
exercise of intelligence based on knowledge of its
significance and moral quality and there must be a
choice between resistance and assent..." ' (Deelip Singh
case, SCC pp. 99100, paras 2122)"
State Of M.P vs Munna @ Shambhoo Nath on 18 September, 2015
In this regard, the
observations made by the Hon'ble Apex Court in the decision,
relied upon by the learned advocate for the appellant - accused,
in the case of Munna @ Shambhoo Nath (supra) are required to
be referred, more particularly, para 7 to 12 of the same, which
are extracted hereunder: