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Section 28 - The Bharatiya Nyaya Sanhita, 2023
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.
Related Sections
- Section 53: Liability of abettor for an effect caused by act abetted different from that intended by abettor
- Section 19: Act likely to cause harm, but done without criminal intent, and to prevent other harm
- Section 90: Death caused by act done with intent to cause miscarriage
- Section 239: Intentional omission to give information of offence by person bound to inform
- Section 330: House-trespass and housebreaking
Related Acts
- National Commission for Indian System of Medicine Act, 2020
- Muslim Women (Protection of Rights on Marriage) Act, 2019
- National Council for Teacher Education (Amendment) Act, 2019
- Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
- Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
* Only for reference.