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

Bharatiya Nyaya Sanhita, 2023

Statutory text

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.
Exclusion of acts which are offences independently of harm caused.

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