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SECTION 90 IPC - Indian Penal Code - Consent known to be given under fear or misconception


Last Updated: 01 Feb, 2024
By Advocate Chikirsha Mohanty


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Table of Contents

  1. Description of IPC Section 90
  2. IPC 90 in Simple Words

Description of IPC Section 90

According to section 90 of Indian penal code, A consent is not such a consent as is intended by any section of this Code, 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
Consent of insane personif 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 unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.



IPC 90 in Simple Words

In simple words, Section 90 of the Indian Penal Code states that certain types of consent are not considered valid, such as consent given under fear, misconception, by an insane person, or by a child under twelve years old.

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Section 90 defines the situations in which the consent apparently to be given by a person is not sufficient for purposes of the Code. It was suggested that consent obtained from a person by putting him under hypnotic or other occult influence should be specifically mentioned in the section.




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FAQ's on IPC Section 90

What is Section 91 of IPC?

IPC 91 in Simple Words In simple words, Section 91 of the Indian Penal Code states that certain exceptions to criminal actions do not apply if the acts would be offenses regardless of the consent given or harm caused to the person who gave the consent. 1 Dec 2023

What is misconception of fact section 90?

[There are two grounds specified in Section 90 which] are analogous to coercion and mistake... ... 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....

What is Section 96 of IPC?

Section 96: This section defines the general right to private defence, stating that everyone has the right to defend themselves or others against any act that causes a reasonable fear of death or serious bodily harm, or any act that attempts to commit theft, robbery, mischief, or criminal trespass. 7 Apr 2023

What is Section 95 of IPC case?

Description. Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.