Chapter III — GENERAL EXCEPTIONS

Section 28Consent known to be given under fear or misconception

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

28. 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,—.

(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.