Bare Acts › Indian Penal Code, 1860 (IPC)

Section 90

This Act has been repealed — see The Bharatiya Nyaya Sanhita, 2023 (from 2024-07-01). The prior text continues to govern matters arising before that date.

Consent known to be given under fear or misconception

The IPC 1860 was replaced by the BNS 2023 (in force 2024-07-01); no verified section mapping on file for Section 90 — confirm the corresponding provision (savings: Section 358, BNS 2023).

A consent is not such a consent as it 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:- 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.