Section 28 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 28 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the validity of consent in legal contexts. It specifies that consent is not valid if:
Given under fear or misconception: If a person consents due to fear of injury or a misunderstanding of facts, and the other party knows or should reasonably know this, the consent is invalid.(
Given by someone unable to understand: If the person consenting is mentally unsound or intoxicated to the extent that they cannot comprehend the nature and consequences of their consent, it is not valid.
Given by a minor under twelve years of age: Consent from individuals under twelve is generally invalid unless the context indicates otherwise.(
This provision is part of Chapter III of the BNS, which outlines general exceptions to criminal liability. It aligns with and updates the corresponding provisions in the Indian Penal Code (IPC), particularly Section 90, by providing clearer definitions and broader protections against coerced or uninformed consent.
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