Multiple choice

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.

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

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

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

  4. 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.

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

R’s consent to operation was taken under misconconception of fact. P committed rape inspite of operation. 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.