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BNS Section 28: Consent Known to Be Given Under Fear or Misconception
Section 28 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It addresses critical aspects of consent, delineating circumstances under which consent is rendered invalid. This section deals with when the consent would be invalid. In this regard, the provision further considers that if such consent is collected under compulsion, ignorance, or from a person who cannot appreciate the full implications of his or her assent, then it cannot be considered valid. In particular, the section states that such consent is invalid in the following situations:
Section 28 draws the point on free and informed consent, which is being exercised so that men and women do not become the victim of unfair coercion when they make legal agreements about which they may have no genuine understanding or desires. In fact, the law as an institution will try to save the rights and liberties of the weakest members of the society in order to set up the process of justice and fairness on the question of consent.
Definition of BNS Section 28
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
Explanation and Illustration of BNS Section 28
Section 28 of the Bharatiya Nyaya Sanhita critically examines the validity of consent, ensuring that agreements are made freely and with a full understanding of their implications. This provision establishes that certain forms of consent are inherently flawed and cannot be considered legitimate under the law.
Key Provisions:
Illustration To elucidate these principles, consider the following scenario:
Scenario: B, a minor, is coerced by an adult into signing a contract for a mobile phone under the threat of harm. The adult is aware that B is signing under fear and does not fully understand the consequences of the contract. In this case, B’s consent is invalidated because it was given under duress, demonstrating that the adult's knowledge of the situation further complicates the legitimacy of the consent.
This section highlights the importance of ensuring that consent is informed, voluntary, and given by individuals capable of understanding their decisions, thereby protecting vulnerable populations from exploitation and ensuring fairness in legal agreements.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 28
Invalid Consent Due to Fear or Misconception:
Inability to Understand Due to Mental Illness or Intoxication:
Consent by Minors:
Differences Between Section 28 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 28 of the Bharatiya Nyaya Sanhita and its equivalent to IPC section 90, focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 28 | Consent known to be given under fear or misconception. | 90 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 28 of the Bharatiya Nyaya Sanhita (BNS)
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