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Does Section 375 And 376 Same? Date Rape Comes Under Which Section?


15-Jan-2023 (In Criminal Law)
Can the victim give consent under intoxication? (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.) The guy promised marriage, intoxicated and slept, again promised wedding and later broke the wedding plan. So if the victim lodges an FIR, they booked it under 376. What is 375 ? Are both same and will the victim claim anything? They are saying that the victim gave consent so it is false rape. The accused is in jail. What are the possibilities?
Answers (2)

Answer #1
933 votes
Hi.... section 375 is the definition of Rape and section 376 speaks about the punishment for Rape. If consent is taken by fraud, or misconseption of facts then any such acts will be called as rape . But all this have to prove in court by addicting evidence.
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Answer #2
806 votes
Dear Sir,
It may be compromised on the ground of consensual sex. Even it can be quashed by the High Court as many cases closed and ended in acquittal on the same ground by different High Courts. Take advise of positive advocates.
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