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


Last Updated: 01 Dec, 2024
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 90 has been replaced with BNS Section 28 with effect from July 1, 2024.

Please refer to BNS 28 for updated procedures & punishments.

Table of Contents
  1. IPC 90 in Simple Words
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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Frequently Asked Questions


What is Section 91 of IPC?

IPC 91 in Simple Words Section 91 of Indian Penal Code says that certain exceptions do not apply to criminal acts if they would be crimes regardless of whether consent was given or harm was caused to the person giving consent. 1 Dec 2023


What is misconception of fact section 90?

The two grounds in Section 90 are analogous to fear and mistake...... A person gives consent out of fear or misinformation ....


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