Law4u Service

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 jitendra jain

Advocate jitendra jain

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Consumer Court, Criminal, Cyber Crime, Domestic Violence, Family, Insurance, Revenue, Muslim Law, Civil, Breach of Contract, Bankruptcy & Insolvency, Armed Forces Tribunal, Arbitration, High Court, Customs & Central Excise, International Law, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, NCLT, RERA, Supreme Court, Succession Certificate

Get Advice
Advocate Yogesh Kaushik

Advocate Yogesh Kaushik

Criminal, Civil, Cheque Bounce, Family, Court Marriage, Divorce, Property, Domestic Violence, Breach of Contract, Consumer Court, Corporate, Motor Accident, Cyber Crime, Child Custody, Muslim Law, Succession Certificate, Anticipatory Bail

Get Advice
Advocate A D Mahaboobbasha

Advocate A D Mahaboobbasha

Anticipatory Bail,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate B Venkat Ramesh Kumar

Advocate B Venkat Ramesh Kumar

Cheque Bounce, Civil, Consumer Court, Cyber Crime, Court Marriage, Criminal, Anticipatory Bail, Divorce, Documentation, Family, Landlord & Tenant, Property, Bankruptcy & Insolvency

Get Advice
Advocate Prakshay Shrivastava

Advocate Prakshay Shrivastava

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Medical Negligence,Motor Accident,Succession Certificate,

Get Advice
Advocate Laxman Kashinathrao Sawant

Advocate Laxman Kashinathrao Sawant

Civil, Criminal, Family, Divorce, Domestic Violence

Get Advice
Advocate Govind Singh Kushwaha

Advocate Govind Singh Kushwaha

Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Trademark & Copyright, Revenue

Get Advice
Advocate Ch Venkateswara Chary

Advocate Ch Venkateswara Chary

Labour & Service, Motor Accident, R.T.I, Cheque Bounce, Revenue

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.