Law4u - Made in India

What Is BNS Section 28?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 28: Consent known to be given under fear or misconception.

A consent is not considered valid under any section of this Sanhita if:

  • The consent is given by a person under fear of injury or under a misconception of fact, and if the person performing the act knows or has reason to believe that the consent was given due to such fear or misconception.
  • The consent is given by a person who, due to unsoundness of mind or intoxication, is unable to understand the nature and consequences of what they are consenting to.
  • Unless stated otherwise in the context, the consent is given by a person who is under twelve years of age.

Brief Detail

Section 28 of the BNS Sanhita addresses the validity of consent. It specifies that consent is invalid if:

  • It is given under fear or misconception, provided the act's performer is aware of this condition.
  • It is given by someone who is mentally unsound or intoxicated, rendering them incapable of understanding the implications of their consent.
  • It is given by a person under twelve years old, unless the context indicates otherwise.

Question & Answers

Q1: When is consent considered invalid under BNS Section 28?

A1: Consent is invalid if:

  • It is given under fear of injury or misconception of fact, and the person performing the act knows or should know of this.
  • It is given by someone who is mentally unsound or intoxicated and cannot understand the nature and consequences of the consent.
  • It is given by someone under twelve years of age, unless the context suggests otherwise.

Q2: What should be considered if the consent is given by a person under twelve years old?

A2: Consent given by a person under twelve years of age is generally invalid, unless the context indicates otherwise.

Q3: How does unsoundness of mind affect the validity of consent according to Section 28?

A3: If a person who is mentally unsound or intoxicated gives consent, it is invalid if they are unable to understand the nature and consequences of what they are consenting to.

Example

Example 1: If a person consents to a medical procedure under the belief that it will cure a condition that it actually does not address, and the doctor is aware of this misconception, the consent is not valid.

Example 2: If an individual under the influence of alcohol agrees to a contract but does not fully understand its terms, their consent is invalid due to intoxication.

Example 3: A child under twelve years old agrees to sell a toy, but this consent is not valid unless the context indicates that such an agreement is permissible.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Kalimuthu

Advocate Kalimuthu

Divorce, Family, Domestic Violence, Motor Accident, Arbitration, Civil

Get Advice
Advocate Rakesh Kumar Sharma

Advocate Rakesh Kumar Sharma

High Court, Anticipatory Bail, Motor Accident, Civil, Cheque Bounce

Get Advice
Advocate Azharuddin Khandakar

Advocate Azharuddin Khandakar

Tax, Trademark & Copyright, High Court, Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, GST, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Recovery, RERA, Supreme Court

Get Advice
Advocate Amit Sinha

Advocate Amit Sinha

Cheque Bounce,Criminal,Cyber Crime,Medical Negligence,Motor Accident,

Get Advice
Advocate Nakul Sharma

Advocate Nakul Sharma

Anticipatory Bail, Court Marriage, Criminal, Divorce, Family

Get Advice
Advocate Pratik Patil

Advocate Pratik Patil

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Shilpashree

Advocate Shilpashree

Civil, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Anticipatory Bail

Get Advice
Advocate Nirmit A Dixit

Advocate Nirmit A Dixit

Cheque Bounce, Criminal, Cyber Crime, Divorce, Family, Anticipatory Bail, Domestic Violence, Recovery, High Court

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.