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Introduction of BNS 28

BNS 28 deals with the validity of consent in legal matters. It specifies that consent is not valid if it is given under fear, misconception, or by someone who cannot understand the consequences due to unsoundness of mind, intoxication, or being under twelve years old.



What is section 28 of BNS ?

BNS Section 28 explains that consent must be given freely and with full understanding. If someone agrees to something because they are scared, misled, intoxicated, mentally unstable, or too young (under 12), their consent is not legally valid.


Illustration of invalid consent under BNS Section 28.
BNS Section 28: Consent invalid if given under fear, misconception, or by an unfit person.”

BNS Section 28 in Simple Points

Fear-Based Consent:
If a person agrees to something because they are afraid of being harmed, their consent is not valid. For example, if someone is threatened and then agrees to sign a document, that consent is invalid because it was given under fear.

Misconception of Facts:
When a person agrees to something based on incorrect information or misunderstanding, the consent is not valid. For instance, if someone is tricked into thinking something false and then gives consent, it’s not legally binding.

Mental State and Consent:
If a person has a mental condition that prevents them from understanding what they are consenting to, their consent is not valid. This protects individuals who are mentally unfit from being exploited.

Consent Under Intoxication:
If a person is drunk or high and cannot fully understand the situation, any consent they give during that time is not considered valid. This ensures that decisions made under the influence are not binding.

Children and Consent:
The law assumes that children under twelve cannot fully understand the consequences of their actions. Therefore, any consent they give is not legally valid, protecting them from making decisions they are not equipped to handle.


Section 28 BNS Overview

BNS Section 28 states that consent is not valid if it is given out of fear, due to a misunderstanding, by someone who is mentally unfit, intoxicated, or by a child under twelve years old. The law requires that consent must be given freely, knowingly, and without pressure.

10 Key Points of BNS Section 28

  1. Consent Under Fear:
    If someone is scared of being hurt and gives consent because of this fear, the consent is not valid.
  2. Misunderstood Consent:
    Consent given due to wrong or misleading information is not considered valid.
  3. Knowing the Fear or Misunderstanding:
    If the person receiving the consent knows that it was given because of fear or a misunderstanding, the consent is invalid.
  4. Mental Unfitness:
    A person who is mentally unfit and cannot understand what they are agreeing to cannot give valid consent.
  5. Intoxicated Consent:
    Consent given by someone who is drunk or under the influence of drugs is not valid if they cannot understand the consequences.
  6. Child’s Consent:
    Consent given by a child under the age of twelve is not valid because children are not considered capable of understanding the consequences.
  7. Context Matters:
    The situation in which consent is given is important. If there is any sign that consent was not given freely, it might be considered invalid.
  8. Legal Protection:
    This section protects individuals from being forced or tricked into giving consent.
  9. Invalid Consent Equals No Consent:
    If consent is found to be invalid under this section, it’s treated as if no consent was given at all.
  10. Used in Legal Cases:
    This section is often referenced in legal cases where consent is a key issue, ensuring that only informed and voluntary consent is legally recognized.

Bharatiya Nyaya Sanhita Section 28

AspectDescription
DefinitionConsent is not valid if given under fear, misconception, unsound mind, intoxication, or by a child under 12 years old.
OffenseNot applicable, but actions taken with invalid consent may be considered illegal.
PunishmentNo specific punishment under this section; however, actions taken under invalid consent can lead to legal consequences.
BailableNot directly applicable as this section deals with the validity of consent, not a specific offense.
Bharatiya Nyaya Sanhita Section 28

BNS Section 28 FAQs

Can a child under twelve give valid consent?

Does being drunk affect the validity of consent?

Yes, if someone is intoxicated and cannot understand what they are agreeing to, their consent is not valid.


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