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

The Bharatiya Nyaya Sanhita, 2023Central Act · Act 45 of 2023

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.

Where this provision sits

ActThe Bharatiya Nyaya Sanhita, 2023
Section28
Marginal noteConsent known to be given under fear or misconception.
JurisdictionCentral
StatusIn force as published by the source

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