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Section 28 BNS — Consent known to be given under fear or misconception

Bharatiya Nyaya Sanhita, 2023 · Official PDF page 13

Open in NyayaOfficial PDF, page 13

28.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 extracted from the official PDF (Ministry-published 2024 source copy). Line breaks and footnote marks may differ; the PDF is the authority.

For research. Check the official gazette and later amendments before citing a section.