Indian Penal Code, 1860

Section 90: Consent known to be given under fear or misconception

Repealed. Repealed from 1 July 2024. Use it for offences committed before repeal and other liabilities, investigations or proceedings preserved by BNS section 358; do not use it as the current general penal code.

Chapter IV — General Exceptions

90. 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.

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.

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.

Source: official text of the Indian Penal Code, 1860.