Section 28Consent known to be given under fear or misconception

Chapter III — General Exceptions

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Text of the law

Official text (Gazette) Not yet legally reviewed

A consent is not such a consent as is intended by any section of this Sanhita,—
1. (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
2. (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
3. (c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

Amendments, judgments and appeal information have not been added for this section yet.

Where this text comes from: Gazette of India, Extraordinary, No. 53, 25 December 2023 (Act No. 45 of 2023)
Type of text: Official text (Gazette)
Pages in the Gazette: p. 13
Text version: As originally enacted in 2023. This text may not reflect subsequent amendments or commencement notifications. Last status check: 6 November 2026.
When the Act came into force: 1 July 2024, under Government notification S.O. 850(E), dated 23 February 2024. Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)The notification excluded section 106(2); see the note on that section.Whether an excluded provision was brought into force later has not been independently confirmed. Checked against the Gazette on 6 November 2026. Not yet reviewed by a qualified legal professional.
Checked by computer against the Gazette?: Yes, words and structure match
Reviewed by a qualified legal professional?: Not yet
Copied on: 6 Nov 2026

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