In forceUpdated to 4 Jul 2023Current version · Updated to 4 Jul 2023
Penal Code · Updated to 4 Jul 2023 · Chapter IV · General Exceptions
90. Consent known to be given under fear or misconception and consent of a child or person of unsound mind
Feedback & supportA consent is not such a consent as is intended by any section of this Code—
(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;
(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.