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Section history

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

As in force on 15 May 1998.

Timeline 5 versions
  1. 30 March 1987 Enacted
  2. 15 May 1998 You are here
  3. 1 February 2008 Act 51 of 2007
  4. 30 November 2008 Revised edition
  5. 31 December 2021 Revised edition
  6. 17 August 2026 Latest
90.Consent known to be given under fear or misconception

A consent is not such a consent as is intended by any section of this Code —

(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;

Consent of person of unsound mind

(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

Consent of child

(c)unless the contrary appears from the context, if the consent is given by a person who is under 12 years of age.