BNS · Bharatiya Nyaya Sanhita, 2023
Section 28 — Consent known to be given under fear or misconception.
Replaces IPC Section 90.
A consent is not such a consent as is intended by any section of this Sanhita,—. (a) if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or. (b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or. (c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
Nearby sections
- 25 Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
- 26 Act not intended to cause death, done by consent in good faith for person's benefit.
- 27 Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.
- 29 Exclusion of acts which are offences independently of harm caused.
- 30 Act done in good faith for benefit of a person without consent.
- 31 Communication made in good faith.
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