IPC §90 → BNS §28
Consent known to be given under fear or misconception. Consent of insane person. Consent of child
Jump to section
Comparison
90. Consent known to be given under fear or misconception.—A consent is not such a consent as is intended by any section of this Code, 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 Consent of insane person.—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 Consent of child.—unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
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.
What changedAI-inferred
IPC 90 and BNS 28 carry the same consent-vitiation rules character-identically: consent given under fear/misconception, by unsound mind/intoxication, or by under-twelve is not 'consent' for IPC/BNS purposes.
Old position
IPC 90 is concerned with Consent known to be given under fear or misconception. Consent of insane person. Consent of child. Consent known to be given under fear or misconception
New position
BNS 28 preserves the framework with drafting modernisations as required by the new code. Topic: 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,
IPC 90 and BNS 28 carry the same consent-vitiation rules character-identically: consent given under fear/misconception, by unsound mind/intoxication, or by under-twelve is not 'consent' for IPC/BNS purposes.
Editorial deltaAI-indicated (source-linked)
IPC 90 and BNS 28 carry the same consent-vitiation rules character-identically: consent given under fear/misconception, by unsound mind/intoxication, or by under-twelve is not 'consent' for IPC/BNS purposes.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 90 continues to apply. For matters from that date forward, BNS 28 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 28 (Consent known to be given under fear or misconception). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §90 → BNS §28 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/90.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.