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Case Comment: Deciphering Consent: Mahmood Farooqui V. State (Govt. Of NCT Of Delhi) (2017) 243 DLT 310 (Del)




Subhranshu Roy, B.A. LL.B.(Hons.), National Law School of India University, Bangalore


ABSTRACT


This case comment argues that in Mahmood Farooqui v. State(Govt. of NCT of Delhi)1, The court by not considering verbal communication as sufficient proof of non-consent, and moreover requiring the victim's bodily actions to be synchronous with her verbal communication, misreads Section 375 of the IPC. It also undermines years of legal development, including the Criminal Law (Amendment) Act, 2013, which sought to protect women’s autonomy and bodily integrity.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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