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 Section 90 in BNS: Section 28
Consent known to be given under fear or misconception
Section 90 of the Indian Penal Code, 1860 (Consent known to be given under fear or misconception) corresponds to Section 28 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.
Ask on WhatsApp, free, no signup:
Text of BNS Section 28
Full BNS Section 28 and every IPC section it replaced →
Ask CaseMinister about IPC 90 / BNS 28
Your 24×7 legal assistant on WhatsApp answers with the judgments that apply, in English or Hindi. No signup needed.