Argument 1: Whether the accused is liable to be punished under Section 376 of Indian
Penal Code, 1860?
Consent was unambiguously given
It is humbly submitted before the hon’ble court that the accused is not punishable for rape under
section 376 of Indian Penal Code, 1860 as the section 375 places focus on “consent” and defines
rape as follows:
375. Rape.—A man is said to commit “rape” if he commits any of the four acts as defined in
Section 375 (a) (b) (c) (d) and under the circumstances falling under any of the following seven
descriptions:
First.—Against her will.
Secondly.—Without her consent.
Thirdly.—With her consent, when her consent has been obtained by putting her or any person in
whom she is interested, in fear of death or of hurt.
Fourthly.—With her consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom she is or believes herself to
be lawfully married.
Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness
of mind or intoxication or the administration by him personally or through another of any
stupefying or unwholesome substance, she is unable to understand the nature and consequences
of that to which she gives consent.
Sixthly.—With or without her consent, when she is under eighteen years of age. Seventhly.—
When she is unable to communicate consent.
Consent is defined as “to3agree3to do something, or to3allow3someone to do something”1 Consent
may be express or implied, coerced or misguided, obtained willingly or through deceit.2
1 https://dictionary.cambridge.org/dictionary/english/consent
2 The Indian Penal Code, Ratanlal and Dhirajlal, Lexis Nexis, 36th Edition
