Consent known to be given under fear or misconception
What this section does
This section defines when consent is legally invalid for the purposes of the Sanhita. Consent is vitiated if given under fear of injury or misconception of fact (and the doer knows or has reason to believe this), if given by a person incapable of understanding due to unsoundness of mind or intoxication, or if given by a person under twelve years of age. It is a definitional provision that limits the scope of consent-based defences.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Derived from IPC s.90.
Read the official text
For the binding statutory text of BNS Section 28, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 28 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.