Bharatiya Nyaya Sanhita

Chapter 3

General Exceptions

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

Description

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.

📖 Understanding This Section

This section is part of Bharatiya Nyaya Sanhita, Chapter 3 (General Exceptions). Legal provisions are subject to interpretation by courts and may be amended by legislation. For specific legal advice regarding this section, please consult a qualified legal professional.