Bharatiya Nyaya Sanhita, 2023
Section 28, BNS: Consent known to be given under fear or misconception
Section 28 of the Bharatiya Nyaya Sanhita, 2023, in the Act's own words, with the IPC provision it replaces.
What it replaces
| BNS provision | IPC provision | Relation |
|---|---|---|
| Section 28 | Section 90 | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: IPC to BNS.
The section
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.The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Nyaya Sanhita, 2023, section 28 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BNS to IPC (read 1 September 2026)