Introduction of 90 IPC
The Indian Penal Code (IPC) is the main criminal code of India. Section 90 of the IPC deals with the concept of consent. This section specifies when consent is considered invalid.
What is IPC Section 90 ?
IPC 90 defines when consent is not valid under the law. It explains situations where a person’s agreement or approval cannot be considered true consent.
Section 90 IPC Overview
IPC 90 states that if a person gives consent to another person to do a particular act, then that act does not become an offense by reason only of such consent.
Key Points
Consent as a Defense: This law allows people who committed an act with the consent of the other person(s) involved to use that consent as a potential defense against criminal charges.
Lawful Consent: The consent must be given voluntarily and by a person who is competent to give such consent for the act in question.
Not All Acts Covered: Consent may not be a valid defense for certain acts that are illegal or against public policy, regardless of whether consent was given.
Case-by-Case Evaluation: Each case is individually evaluated based on evidence regarding the nature of the act, the circumstances in which consent was given, and the competency of the person giving consent.
Public Interest Considerations: The aim is to balance the principle of individual autonomy with the need to protect public interest and prevent harm.
Strict Legal Requirements: Specific legal criteria must be met for consent to be a valid defense, as it involves overriding criminal liability.
IPC 90 Punishment
There is no direct punishment or fine under IPC 90, as it defines invalid consent rather than prescribing penalties. However, it affects the validity of consent in other crimes, impacting the application of punishment in those cases.
90 IPC bailable or not ?
Since IPC 90 does not prescribe any specific offense or punishment, the question of bail does not directly apply. It is a provision that affects the interpretation of consent in other offenses, influencing whether those offenses are bailable or not.
Section 90 IPC case laws
Title: Key Case Laws on IPC Section 90
1. R v. Williams (1923)
Summary: A music teacher deceived a student into consenting to sexual intercourse by falsely claiming it was a medical procedure. The court ruled that consent obtained through deception is invalid under IPC Section 90.
Details:
- Deception led to consent.
- Consent based on false information.
- Court deemed the consent invalid.
- Emphasized the nullification of consent through deception.
2. R v. Linekar (1995)
Summary: The accused promised payment to a sex worker without intending to fulfill it. The court held that consent obtained through fraudulent promises is invalid, highlighting the necessity of free and informed consent under IPC Section 90.
Details:
- Consent based on fraudulent promise.
- Promise not fulfilled.
- Court declared the consent invalid due to fraud.
- Stressed the importance of honest and informed consent.
3. Uday v. State of Karnataka (2003)
Summary: The accused engaged in a sexual relationship by promising marriage but did not marry the victim. The court ruled that if the promise was false, the consent obtained was invalid under IPC Section 90.
Details:
- Consent obtained through a false promise of marriage.
- Accused had no intention to marry.
- Court invalidated the consent.
- Emphasized the invalidity of consent based on false promises.
4. State of U.P. v. Naushad (2013)
Summary: The accused obtained consent for sexual relations by promising marriage but later refused. The court held that consent under a false promise of marriage is invalid as per IPC Section 90.
Details:
- Consent based on false marriage promise.
- Promise not fulfilled.
- Court ruled the consent invalid.
- Reinforced the principle of invalidity for consent based on false promises.
5. Deelip Singh @ Dilip Kumar v. State of Bihar (2005)
Summary: Consent for sexual intercourse was obtained by promising marriage, which was never intended. The court declared the consent invalid, adhering to IPC Section 90’s provision on invalid consent through false promises.
Details:
- Consent given with a false promise of marriage.
- Promise not genuine.
- Court invalidated the consent.
- Highlighted the importance of genuine promises in consent.
6. Kanhaiya Lal v. State of Madhya Pradesh (2002)
Summary: The accused engaged in sexual activity with a minor who didn’t fully comprehend. The court ruled that a minor’s consent is invalid under IPC Section 90, as minors can’t provide informed consent.
Details:
- Minor’s consent without full understanding.
- Court deemed the consent invalid.
- Emphasized the incapacity of minors for informed consent.
- Stressed the need for genuine understanding in consent.
7. Vishwanath S/O Sitaram Agrawal v. Sau. Sarla Vishwanath Agrawal (2012)
Summary: Consent given under threat of injury was declared invalid. The court emphasized that consent obtained through fear nullifies consent, as per IPC Section 90.
Details:
- Consent obtained under threat.
- Court invalidated the consent.
- Highlighted the nullification of consent under fear.
- Reinforced the requirement of voluntary consent.
8. Bhagwan Das v. State (NCT) of Delhi (2011)
Summary: Consent obtained through coercion was deemed invalid. The court stressed the importance of voluntary consent and nullified consent obtained through coercion under IPC Section 90.
Details:
- Consent obtained under coercion.
- Court nullified the consent.
- Emphasized the requirement for voluntary consent.
- Stressed that coercion negates consent.
Section 90 IPC in short information
| Offense | Definition | Punishment | Bailable or Not |
|---|---|---|---|
| Invalid Consent | Situations where consent is not considered valid | Not Applicable | Not Applicable |
IPC 90 FAQs
What is IPC 90?
IPC 90 explains when consent is not considered valid under the law.
Does IPC 90 provide punishments?
No, IPC 90 does not directly provide punishments. It defines invalid consent, which affects other offenses.
Is consent given by a minor valid under IPC 90?
No, consent given by a minor is not valid under IPC 90.
Can intoxicated persons give valid consent?
No, consent given by intoxicated persons is not valid under IPC 90.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process effectively. Don’t hesitate to contact us for personalized solutions; we are here to assist you whenever necessary!