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Against Her Will - Law Dictionary Search Results

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Against her will

Against her will, the expression 'Against her will' seems to connote that the offending act was done despite resistence and opposition of the women, Deelip Singh v. State of Bihar, (2005) 1 SCC 88 (97). (Indian Penal Code, s. 375 firstly)...


Rape

Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, unde...


rape

rape raped rap·ing [Latin rapere to seize and take away by force] : to commit rape on rap·er n rap·ist n n : unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will usually of a female or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception see also statutory rape NOTE: The common-law crime of rape involved a man having carnal knowledge of a woman not his wife through force and against her will, and required at least slight penetration of the penis into the vagina. While some states maintain essentially this definition of rape, most have broadened its scope esp. in terms of the sex of the persons and the nature of the acts involved. Marital status is usually irrelevant. Moreover, the crime is codified under various names, including first degree sexual assault sexual battery unlawful sexual i...


Offence of

Offence of, Rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud, or as 'the carnal knowledge of a woman by force against her will. (Co. Litt 123-b)...


carnal knowledge

carnal knowledge : an act of esp. illegal sexual intercourse [whoever has carnal knowledge of a female forcibly and against her will "District of Columbia Code Annotated"] ;also : the crime of committing such an act [was charged with carnal knowledge of a juvenile] see also rape NOTE: Carnal knowledge is sometimes an element of the statutory definition of rape in addition to being a separate offense. ...


Abduction

Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fid...


duress

duress [Anglo-French duresce, literally, hardness, harshness, from Old French, from Latin duritia, from durus hard] : wrongful and usually unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will : coercion ;also : the affirmative defense of having acted under duress see also economic duress compare necessity, undue influence NOTE: A person may be able to avoid the consequences of his or her acts under the law if they were performed while under duress. For example, a contract made under duress is voidable by the coerced party. Similarly, a will signed under duress is invalid. Duress may also be used to justify a criminal act. A threat to bring a lawsuit is not duress. ...


will

will 1 : the desire, inclination, or choice of a person or group 2 : the faculty of wishing, choosing, desiring, or intending 3 : a legal declaration of a person's wishes regarding the disposal of his or her property after death ;esp : a formally executed written instrument by which a person makes disposition of his or her estate to take effect after death see also codicil, living will, testament antenuptial will : a will that was executed by a person prior to that person's marriage and is usually revocable by the court if no provision was made for the person's spouse unless an intention not to make such a provision is manifest conditional will : a will intended to take effect upon a certain contingency and usually construed as having absolute force when the language pertaining to the condition suggests a general purpose to make a will counter will : mutual will in this entry holographic will : a will written out in the hand of the testator and accepted as valid in many sta...


Limitation of actions and prosecutions

Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...


elect

elect 1 : to select by vote for an office, position, or membership 2 : to make a selection of [ed her statutory share over the gift under the will] vi : to choose an elective share [the right of a spouse to against the will] ...


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