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

CHAPTER III GENERAL EXCEPTIONS

General

Summary

A consent is not valid under any section of this Sanhita in the following situations.

Under clause (a), if a person gives consent because they fear injury or because they are mistaken about a fact, and the person doing the act knows or has reason to believe that the consent was given because of that fear or mistake, then the consent is not valid.

Under clause (b), if a person gives consent but, due to unsoundness of mind or intoxication, is unable to understand the nature and consequences of what they are consenting to, then the consent is not valid.

Under clause (c), unless the context says otherwise, if the person giving consent is under twelve years of age, then the consent is not valid.

Official Text

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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.11 p.886 — Supreme Court of India (2024)
  • S.C.R. ANURAG SONI v. STATE OF CHHATTISGARH — Supreme Court of India (2019)
  • S.C.R. DR. DHRUVARAM MURLIDHAR SONAR v. THE STATE OF MAHARASHTRA & ORS — Supreme Court of India (2018)

Old <-> New Code Mapping

  • IPC §90 — Consent known to be given under fear or misconception