(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;
Section history
Section 90 — Consent given under fear or misconception, by person of unsound mind, etc., and by child
As in force on 1 February 2008.
A consent is not such a consent as is intended by any section of this Code —
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.
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 ––
(i)under fear of injury or wrongful restraint to the person or to some other person; or
(ii)under a misconception of fact,
and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;
(b)if the consent is given by a person who, from unsoundness of mind, mental incapacity, intoxication, or the influence of any drug or other substance, 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 12 years of age.