Under Section 28 of the Bharatiya Nyaya Sanhita, consent obtained under which of the following conditions is NOT valid?

  1. Fear of injury
  2. Misconception of fact
  3. Given by a person under intoxication
  4. All of the above

Answer (Detailed Solution Below)

Option 4 : All of the above

Detailed Solution

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The correct answer is Option 4.

Key Points Section 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.

 
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