A consent is not considered valid under any section of this Sanhita if:
Section 28 of the BNS Sanhita addresses the validity of consent. It specifies that consent is invalid if:
Q1: When is consent considered invalid under BNS Section 28?
A1: Consent is invalid if:
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 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.
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