Legal Reasoning Previous Year: The Indian Penal Code of 1860 does not explicitly define ‘consent,’ but it elucidates what cannot be considered as consent through Section 90. According to this section, consent is not valid if it is given under fear of injury or due to a misconception of fact, and the person performing the act is aware or has reason to believe that the consent was a result of such fear or misconception. The first part of Section 90 addresses coercion and mistake of fact, similar to grounds that can invalidate a transaction in legal systems worldwide.
It focuses on the victim’s perspective. The second part of Section 90 considers the accused’s viewpoint, emphasizing their knowledge or reasonable belief regarding the tainted consent. Both parts must be cumulatively satisfied, requiring the court to ascertain if the consent was given under fear or misconception and if the alleged offender was conscious or should have reason to believe that, absent the fear or misconception, consent would not have been given.
Although Section 90 is not an exhaustive definition of consent in the Indian Penal Code, various court decisions, including those from the High Court and Supreme Court, have considered a broader interpretation guided by the etymology of the term ‘consent.’
Legal Reasoning Previous Year Questions and Answers
Questions: ‘A’, a man, promises ‘B’, a woman that he will marry her if she has sexual intercourse with him. ‘B’ agrees, but after having sexual intercourse, ‘A’ flees and never contacts ‘B’ again. In the given situation, which statement is true?
- The consent for engaging in sexual intercourse was granted based on a misunderstanding of factual information.
- The agreement for sexual activity was provided in the presence of apprehension and fear of potential harm.
- The approval for sexual interaction was given under the influence of external pressure or coercion.
- The agreement for engaging in sexual intercourse was freely given without any misconceptions or concerns about potential injury.
Correct Option: A
Question: According to the given passage, a person is said to ‘consent’ to the doing of an act?
(A) When someone agrees to perform an action, it’s essential that they fully understand the situation and are not influenced by any false information or fear of harm.
(B) The person receiving the agreement should also be confident that it’s given willingly, without any misunderstanding or coercion.
(C) For a solid agreement, both parties need assurance that there is no confusion or intimidation involved in the commitment.
(D) It’s crucial that the agreement is made with a clear understanding of the situation, and without being influenced by potential consequences or misleading information.
Correct Option: C
Question: In the provided passage, the use of negative terminology to describe the concept of consent under Section 90 appears to stem from the intention to delineate what actions or circumstances do not constitute consent.
(A) Highlighting the factors that can negatively impact consent.
(B) Focusing on understanding the perspective of the individual providing consent or the victim.
(C) Shedding light on the viewpoint of the person receiving consent.
(D) Emphasizing the broad and inclusive nature of the consent definition, acknowledging its non-exhaustive scope.
Correct Option: D
Question: In this scenario, ‘X’, a man, makes a commitment to ‘Y’, a woman, that they will marry after engaging in a consensual relationship. Despite ‘X’s efforts to convince his family, they oppose the marriage, leading ‘X’ to break his promise to ‘Y’?
(A) Engaging in consensual intimacy while aware that the agreement is based on a misunderstanding of the facts.
(B) Willingly granting consent for sexual activity without any misunderstandings or concerns about potential harm.
(C) Obtaining consent for sexual intercourse while being aware that the agreement is made under the influence of fear of injury.
(D) Experiencing a mutual misunderstanding of facts when giving and receiving consent for sexual activity.
Correct Option: B
Question: According to the given passage, which of the following statements is not true?
(A) Consent is invalidated when there is a misunderstanding of facts.
(B) Consent is compromised when there is a fear of harm.
(C) A misunderstanding of facts eliminates the need for consent.
(D) Fear of injury is similar to coercion in its impact on consent.
Correct Option: C