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Section history

Section 90 — Consent given under fear or misconception, by person of unsound mind, etc., and by child

As in force on 19 December 2018.

Timeline 5 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 30 November 2008 Revised edition
  4. 19 December 2018 You are here
  5. 31 December 2021 Revised edition
  6. 17 August 2026 Latest
90.Consent given under fear or misconception, by person of unsound mind, etc., and by child

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.

[Indian PC 1860, s. 90]