Section 28 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 28 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the validity of consent in criminal law. It specifies circumstances under which consent is not considered legally valid, even if purportedly given
📜 Text of Section 28
Consent known to be given under fear or misconception(
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.
⚖️ Legal Context
Section 28 aligns closely with Section 90 of the Indian Penal Code (IPC), 1860. Both provisions invalidate consent obtained through fear, misconception, or from individuals incapable of understanding the nature of their actions due to mental unsoundness, intoxication, or age. This ensures that consent is meaningful and informed, protecting individuals from exploitation or harm.(
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