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Section 28 of Bhartiya Nyay Sanhita as compared to same provision in IPC Act 1860

Section 28 of Bhartiya Nyay Sanhita on TEXT :

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.

 Correspondence Section 90 of THE INDIAN PENAL CODE on TEXT :

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.

Difference of IPC and Bhartiya Nyay Sanhita

IPC-Vs-Bhartiya-Nyay-Sanhita-28

 

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