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Section 90 - Consent known to be given under fear or misconception | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

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Indian Penal Code, 1860 Section 90The Bharatiya Nyaya Sanhita, 2023 Section 28

Indian Penal Code, 1860

Section 90

Consent known to be given under fear or misconception

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Indian Penal Code, 1860

90. Consent known to be given under fear or misconception

A consent is not such a consent as it 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.

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The Bharatiya Nyaya Sanhita, 2023

Section 28

Consent known to be given under fear or misconception

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The Bharatiya Nyaya Sanhita, 2023

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

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.

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