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Shvoong Home>Law & Politics>consent in criminal law Summary

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consent in criminal law

Article Abstract by: saathi    

Original Author: saathi
Consent is free volition in doing or omitting to do a thing.It contemplates acts or omission done with intention voluntarily
made,given, or procured.If any of the vitiating elements is present in a consent ,it is no consent in the eye of law.By the term vitiating element what is intented is the presence of FRAUD,MISREPRESENTATION,COERCION,UNDUE INFLUENCE OR ANY THING AKIN TO THAT.If on a make believe promise to marry,a man indulges in sex with a woman,the so called consent from her is no consent at all.Under such circumstances the offence of RAPE within the ambit of INDIAN PENAL CODE is attracted.It is no defence that he did the act on consent of the other.Further the ingredient of the offence of CHEATING may also come into operation in such cases.HENCE IN A CRIMINAL CASE ,WHEN DEFENCE OF CONSENT IS TAKEN ,BETTER MAKE SURE WHERE ONE STANDS IN LAW.
Published: February 05, 2008
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