INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
90. Consent known to be given under fear or misconception
28. Consent known to be given under fear or misconception.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
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.
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.
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.
Repealed / historical reference India Code — IPC 1860
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.
Current law India Code — BNS 2023