Civil Procedure Code (CPC)

Consenting age in kidnapping and rape cases


Dear friends, consent of a child or girl over 16 yrs of age is a valid defence against  charges of kidnapping and rape. It is inconsistent to other laws relating to consent. Moreover, consent in these type of acts is rather a sensitive matter as compared to consent in other matters. Should it be enhanced to 18 yrs i.e. the consenting age in civil matters?

The Allahabad High Court while dismissing an appeal against conviction has posted the matter on 31st August, 2009 for an statement of Attorney General of India and Advocate General of the State regarding the stand of government regarding amendment in these old provisions. This appeal was filed on the ground that age of the girl was 17 yrs and she had consented. ( source – Hindustan, Hindi daily).

 

 
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A retired Indian citizen

in my view the age of the victim is fixed keeping inmind his/her ability to judge the welfare of himself. if the age of giving consent is kept too low the party would not develop his capacity to discern good and bad. on the other hand if the age is fixed high the otherwise matured person would be debarred from entering into an agreement unnecessarily. so, when the age of majority is taken as 18 years it should also be in cases of kidnapping and rape.

 
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pls see  sec 199 of CRPC (amendment 2008)

 
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Thanks to learned Maiti sir and Goyal ji. I request to mr goyal to kindly post the amended provision and also to clarify about status of its enforcement.

 
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I agree with Hon'ble Maiti Sir.

Vipin Sharma, Advocate

337, Akron Ka Rasta, Kishanpole Bazar, Jaipur-302001

Mob.-9610000043

 
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Lawyer

Can age be the only deciding factor ? I feel it is not . Such line of  thinking turns a bling eye to the social status , timidity, backwardness, education , atmosphere in the house, economic status, past experiences in the life of the person giving consent , There is no such thing as a free will. It seems as if a person has a free will, but circumstances force a person to act in one way or the other. MAY AISA KYU HO?  

Consent obtained by fraud, threat , mis-representation or coercion is no consent. It is unbeklievable that a girl of 15 years, 12 months and 30 days has no brains to give consent and immediately on the next day she becomes 'ENLIGHTENED' [  Like after Eve eating the forbidden apple and gaining knowledge].

 
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Advocate

I would like to clarify on the issue taken by Mr. GOYAL. Section 18 of code of criminal procedure (amendment act )2008 read as ." Amendment of section 198. - In section 198 of the principal Act, in sub-section (6), for the words "fifteen years of age", the words "eighteen years of age" shall be substituted." so section 198(6) will be read after amendment is enforced "no court shall take cognizance of an offence under section 376 of IPC, where such offence consists of s*xual inter course by a man with his own wife, the wife being under fifteen years of age, if more than year has elapsed from the date of the commission of the offence." but the amendment act is not yet enforced. but its enforcement will create a direct confliction in between section 198(6) CRPC as amended and section 376 IPC exception " s*xual intercourse by a man with his own wife, the WIFE NOT BEING UNDER FIFTEEN YEARS OF AGE, is not rape." can any learned member can take this issue further.
 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

The amendment is about to finalized and implementing but the age is prefered in Solicioter office as 16 years instead of 18. But it will be applicable in case of love marrige or with his wife. In case of 376 agaisnt the wishes of girl, the age is same.

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

CHANDIGARH (INDIA)

We also have branches all over India.

With Regards


Total likes : 1 times

 
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Dear Kamal Grover !

1.  Kindly see the question again. it is an academic question and not related to me or my client. from whom are you asking fee fee?

2. I myself and all friends who have replied the query, are Advocates and probably much more experienced than you.

3.Thank you for your kindness for asking nominal and not high fee.

 

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Sorry Tripathi ji,

But it is my already typed address and i paste only

and due to hurry, i did not see the such a senior memebre like you.

I apolozise but you should also be not so rude. You are talking to the new generation and you are our ideal, if you behave like an illetrate person and words with fighting then you can imagine how we all will treat with each other.

Regards and sorry once again.

 
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