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

Summary

Consent is not legally valid if it is given because the person fears harm or is mistaken about a fact, and the person receiving the consent knows or has reason to believe that the consent was given for that reason. Consent is also not valid if it is given by someone who, due to mental illness or intoxication, cannot understand what they are agreeing to. Additionally, consent given by a child under twelve years old is not considered valid unless the context of the law says otherwise.

Official Text

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 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 unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

Related Judgments

• DEELIP SINGH @ DILIP KUMAR vs STATE OF BIHAR — Supreme Court of India (2004)
• UDAY vs STATE OF KARNATAKA — Supreme Court of India (2003)
• ANURAG SONI vs STATE OF CHHATTISGARH — Supreme Court of India (2019)
• YEDLA SRINIVASA RAO vs STATE OF A.P — Supreme Court of India (2006)
• MAHESH DAMU KHARE vs THE STATE OF MAHARASHTRA & ANR — Supreme Court of India (2024)
• NAIM AHAMED vs STATE (NCT OF DELHI) — Supreme Court of India (2023)

Old <-> New Code Mapping

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