IPC 90→BNS 28

IPC 90 to BNS 28: Consent known to be given under fear or misconception

Section 90 IPC (1860) replaced by Section 28 BNS (2023)

View IPC Section 90 →View BNS Section 28 →

IPC 90 to BNS 28 at a Glance

Section 90 IPC (Consent known to be given under fear or misconception) is now Section 28 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 90 to BNS 28?

Section 28 BNS keeps the rule and its three cases. It says this Sanhita in place of this Code and sets the cases out as clauses a to c, so the two marginal headings, Consent of insane person and Consent of child, are dropped.

IPC 90 vs BNS 28: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section9028
OffenceConsent known to be given under fear or misconceptionSame
PunishmentNone. Section 90 IPC creates no offence.None. Section 28 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 90 and BNS 28: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 90, IPC 1860

90. Consent known to be given under fear or misconception.—A consent is not such a consent as is 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.
BNS 2023 (in force)

Section 28, BNS 2023

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.

Ingredients: IPC 90 vs BNS 28

Under IPC 90
  1. A consent is given under fear of injury or under a misconception of fact, and the person doing the act knows, or has reason to believe, that it was given because of that fear or misconception
  2. Or the consent is given by a person who, from unsoundness of mind or intoxication, cannot understand the nature and consequence of what he consents to
  3. Or, unless the contrary appears from the context, the consent is given by a person under twelve years of age
Under BNS 28
  1. A consent is given under fear of injury or under a misconception of fact, and the person doing the act knows, or has reason to believe, that it was given because of that fear or misconception
  2. Or the consent is given by a person who, from unsoundness of mind or intoxication, cannot understand the nature and consequence of what he consents to
  3. Or, unless the contrary appears from the context, the consent is given by a person under twelve years of age

What IPC 90 to BNS 28 Means for Pending Cases

For Section 90 IPC (now Section 28 BNS): nothing changes in when a consent is no consent. Section 28 BNS keeps all three cases and sets them out as clauses a to c.

FAQs: IPC 90 to BNS 28

What changed when Section 90 IPC became Section 28 BNS?▼

Only the form. The three cases become clauses a to c, and the rule refers to this Sanhita in place of this Code. The cases stay the same.

Where does Section 90 IPC sit in the BNS?▼

In Section 28 BNS, in Chapter III, General Exceptions.

Does Section 90 IPC or Section 28 BNS apply to an act done before 1 July 2024?▼

Section 90 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 90 IPC. Section 28 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·