Examveda
Examveda

Principle: Consent to do an act is not taken as real consent if the same is given under fear of injury or under a misconception of fact and the person doing the act knows that the consent was given in consequence of such fear or misconception.
Factual Situation: P, a male music teacher told R, one of his girl students that there is an operation for improving the voice and that if she agreed; he would perform it on her. She agreed. On the basis of her consent P raped R. Later the matter was reported to the police by R.

A. R will not succeed as P raped her with her consent

B. P is not responsible as R thought that the act was for improving her voice

C. P is not guilty as R should have known that the consent given to P might injure her

D. P will be liable for the offence of rape as R agreed to P's deeds as she thought that it was to improve her voice

Answer: Option D


This Question Belongs to Law >> Indian Penal Code

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