A consent is not such a consent as it 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.
IPC Section 90: Simplified Explanation
- Consent under fear or misconception: This section deals with situations where a person consents to an act because of fear or misconception. In such cases, the consent given is not considered valid in the eyes of the law.
- Fear: Fear refers to a state of apprehension or anxiety caused by the threat of harm or injury. If a person consents to an act because they are threatened or coerced, their consent is considered invalid under this section.
- Misconception: Misconception refers to a mistaken belief or understanding about the nature of the act or its consequences. If a person gives consent based on false information or misunderstanding, their consent is not considered valid.
- Consent known to be given under fear or misconception: The crucial aspect of this section is that the person obtaining consent must be aware that it is given under fear or misconception. Suppose the person obtaining consent knows or has reason to believe that the other party is acting under fear or misconception. In that case, any consent obtained in such circumstances is not considered valid.
Purpose: The purpose of Section 90 is to protect individuals from being coerced or deceived into giving consent for acts that they would not agree to under normal circumstances. It recognizes that consent obtained under fear or misconception is not genuine and should not be legally binding.
Example: Suppose a person threatens another individual with physical harm unless they sign a document. If the individual signs the document out of fear of the threatened harm, the consent given is not valid under Section 90 of the IPC because it was obtained under fear. Similarly, if someone misrepresents the nature of a medical procedure and the patient consents based on that false information, their consent may be considered invalid under this section.
