BNS Section 28: Consent known to be given under fear or misconception.

Amit Kapoor05 mins

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.

Key Points on BNS-28 (Invalid Consent Under the Law)

BNS-28 sets out the circumstances where consent is not considered valid under the law. It emphasizes that consent must be free, informed, and voluntary to be legally acceptable. This provision ensures that individuals are not taken advantage of when they cannot give proper consent.

1. Invalid Consent Due to Fear or Misconception

  • Clause (a): If a person gives consent out of fear or a misunderstanding of the facts, that consent is not valid. Consent obtained through threats or false information is considered invalid.
  • Example: If someone agrees to a certain action because they are threatened or misled by false information, their consent is not genuine, and the act would not be legally justified.

2. Inability to Understand Due to Mental Illness or Intoxication

  • Clause (b): Consent is not valid if the person giving it cannot fully understand the nature and consequences of their decision because of mental illness or intoxication. This ensures that individuals who cannot think clearly or are not in control of their reasoning are protected.
  • Example: A person who is intoxicated or mentally incapacitated (such as being under the influence of drugs or suffering from a mental illness) cannot legally provide valid consent.

3. Consent by Minors

  • Clause (c): Consent given by anyone under 12 years of age is generally invalid, unless specifically allowed by law in certain situations. This is to protect children who may not fully understand the consequences of their actions.
  • Example: A child under 12 cannot legally give consent for things like medical procedures or signing contracts, as they may not fully grasp what they are agreeing to.

Purpose of BNS-28:

This section ensures that consent is only considered valid when it is given freely, without coercion, and by individuals who can fully understand the implications of their actions. It is designed to protect vulnerable individuals—such as minors and people with mental health issues—from being taken advantage of or exploited.

Conclusion:

BNS-28 highlights the importance of ensuring that consent is always given voluntarily, without fear or misunderstanding, and by individuals who are capable of understanding what they are agreeing to. It protects people who might not be in a position to make fully informed decisions, like children and those with mental illnesses or under the influence of substances.

Related News