SECTION 28 BNS (BHARATIYA NYAYA SANHITA) – 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 unsoundness of mind, 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.
FAQ’s on BNS (Bharatiya Nyaya Sanhita) Section 28
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What offence is defined under 28 BNS
Section 28 BNS – Consent known to be given under fear or misconception