BNS Section 28

BNS Section 28 of the Bharatiya Nyaya Sanhita (BNS) deals with consent given under fear or misconception.

IPC section 90

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 mental illness, 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.

Example: Vijay is threatened by Rakesh at gunpoint to sign a property document and consent to transfer his property to Rakesh. Here, Vijay's consent is invalid since it was given under fear of injury.

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