Criminal liability and the defence of consent a socio legal study

Abstract

Consent serves as a potent defence to criminal liability, and is founded upon the values of individual autonomy. The conflict between an individuals right to determine ones course of action and the right of the State to impose restrictions upon the same, is the central theme of the thesis. It is imperative upon the State to limit its intervention in this matter only to those scenarios where it is done to protect others or the society from harm. The researcher has attempted to navigate the conceptual complexity of consent and its changing contours under varying circumstances, and highlighted the need for amendment in the provisions dealing with the defence of consent in the Indian Penal Code, 1860. This is achieved by founding arguments within the Constitutional mandates of equality, freedom of expression, dignity, privacy and autonomy. newline