Consent known to be given under fear or misconception
Chapter 3: General exceptions
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.
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 25Act not intended and not known to be likely to cause death or grievous hurt, done by consentIPC 87
- 26Act not intended to cause death, done by consent in good faith for person's benefitIPC 88
- 27Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardianIPC 89
- 29Exclusion of acts which are offences independently of harm causedIPC 91
- 30Act done in good faith for benefit of a person without consentIPC 92
- 31Communication made in good faithIPC 93