BNS Section 28: Consent known to be given under fear or misconception | Bharatiya Nyaya Sanhita

Bare Act Text

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

Procedural Details

Punishment

Depends on original offence

Nature of Offense

Depends on original offence

Bail Eligibility

Depends on original offence

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Depends on original offence

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