The Bharatiya Nyaya Sahinta 2023
CHAPTER III GENERAL EXCEPTIONS
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| The Bharatiya Nyaya Sahinta 2023 |
Article 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.
Article 29
Exclusion of
acts which are
offences
independently
of harm
caused.
The exceptions in sections 21, 22 and 23 do not extend to acts which are offences
independently of any harm which they may cause, or be intended to cause, or be known to
be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration.
Causing miscarriage (unless caused in good faith for the purpose of saving the life of
the woman) is offence independently of any harm which it may cause or be intended to cause
to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of
the woman or of her guardian to the causing of such miscarriage does not justify the act.
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