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Section 90: Consent known to be given under fear or misconception

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

A consent is not such a consent as is intended by any section of this Code, 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

Consent of insane person.—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

Consent of child.—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 Indian Penal Code, 1860
Section90
Marginal noteConsent known to be given under fear or misconception
JurisdictionCentral
StatusRepealed
Judgments citing it60

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