In this article, we will introduce you to Section 28 of the Bharatiya Nyaya Sanhita (BNS Section 28). In today’s article we will talk about what is this section of the Bharatiya Nyaya Sanhita? As we know that IPC has now been replaced by BNS. So let’s start.
Definition of Bharatiya Nyaya Sanhita (BNS) 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 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.