Bharatiya Nyaya Sanhita, 2023
BNS Section 28
Consent known to be given under fear or misconception
In one line
BNS Section 28 deals with consent known to be given under fear or misconception and replaces IPC 90.
Bare act text — BNS 28
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.
Frequently asked
What was BNS Section 28 in the IPC?
BNS Section 28 (Consent known to be given under fear or misconception) replaces Section 90 of the Indian Penal Code, 1860. IPC 90 is now BNS 28.
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Nearby BNS sections
- BNS 23 — Act of a person incapable of judgment by reason of intoxication caused against his will
- BNS 24 — Offence requiring a particular intent or knowledge committed by one who is intoxicated
- BNS 25 — Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- BNS 26 — Act not intended to cause death, done by consent in good faith for person’s benefit
- BNS 27 — Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
- BNS 29 — Exclusion of acts which are offences independently of harm caused
- BNS 30 — Act done in good faith for benefit of a person without consent
- BNS 31 — Communication made in good faith
- BNS 32 — Act to which a person is compelled by threats
- BNS 33 — Act causing slight harm