Bharatiya Nyaya Sanhita
BNS 28 was IPC 90.
Consent known to be given under fear or misconception.
Carried over
93% of the old wording kept
Old · IPC 1860 · Ch. IV
s. 90
Consent known to be given under fear or misconception
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.
Text from the official India Code PDF
New · BNS 2023 · Ch. III
s. 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.
Text from India Code