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BNS Section 28: Consent known to be given under fear or misconception

Section 28 of the Bharatiya Nyaya Sanhita, 2023 deals with consent known to be given under fear or misconception. It replaces IPC 90 of the Indian Penal Code, 1860.

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Text of BNS Section 28

28. 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.

IPC sections replaced

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