# The Bharatiya Nyaya Sanhita, 2023, Section 28: Consent known to be given under fear or misconception

- Act: The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023)
- In force from: 2024-07-01
- Ministry: Ministry of Home Affairs
- Source URL: https://indiacode.ecourtsindia.com/bns/section/28/

## 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.

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