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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 57: Abetting commission of offence by public or by more than ten persons
- Section 83: Marriage ceremony fraudulently gone through without lawful marriage
- Section 322: Dishonest or Fraudulent execution of deed of transfer containing false statement of consideration
- Section 59: Public servant concealing design to commit offence which it is his duty to prevent
- Section 89: Causing miscarriage without woman's consent
Related Acts
- National Institutes of Food Technology, Entrepreneurship and Management Act, 2021
- Specified Bank Notes (Cessation of Liabilities) Act, 2017
- Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
- Repealing and Amending Act, 2015
- Provisional Collection of Taxes Act, 2023
* Only for reference.