Bharatiya Nyaya Sanhita 2023
Section 28 :
Consent known to be given under fear or misconception :
(See section 90 of IPC 1860)
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.
Indian Penal Code 1860 (IPC 1860)
Section 90 :
Consent known to be given under fear or misconception:
(See section 28 of BNS 2023)
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 off act, 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 :
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 :
unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.