Section 28 BNS: Consent known to be given under fear or misconception
Bharatiya Nyaya Sanhita, 2023
Section 28 BNS at a Glance
Section 28 BNS deals with consent known to be given under fear or misconception. It replaced Section 90 IPC on 1 July 2024.
None. Section 28 BNS creates no offence.
Section 28 BNS Bare Act Text
28. Consent known to be given under fear or misconception
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.
Source: Section 28, Bharatiya Nyaya Sanhita, 2023
Section 28 BNS in Simple Words
Section 28 of the Bharatiya Nyaya Sanhita (BNS) explains when consent is not real consent in the eyes of law. If a person agrees because of fear of injury, or because they are under a misconception of fact, and the person doing the act knows or has reason to believe that the consent was given for these reasons, that consent is invalid. It also treats consent as invalid when given by a person who is unable to understand the nature and consequence of what they consent to because of unsoundness of mind or intoxication, or by a person under twelve years of age unless the context shows otherwise.
This section is often used in cases involving sexual offences, medical treatment, property transactions, and other acts where consent matters. A person may say yes, but if that yes was not free, informed, and given by someone capable of consenting, the law treats it as no consent. The practical value of this section is that it protects people from being taken advantage of when their agreement was shaped by fear, deception, incapacity, or tender age.
Ingredients of Section 28 BNS
- 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
- 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
- Or, unless the contrary appears from the context, the consent is given by a person under twelve years of age
Punishment Under Section 28 BNS
None. Section 28 BNS creates no offence.
None.
Section 28 BNS is a rule of interpretation in the General Exceptions chapter. It has no entry in the First Schedule to the BNSS.
Example of Section 28 BNS
When Section 28 BNS Does Not Apply
- The consent is given freely, with no fear of injury and no misconception of fact
- The person doing the act neither knows nor has reason to believe that fear or misconception caused the consent
- The person giving the consent is an adult of sound mind who is not intoxicated
Section 28 BNS in the IPC (Previous Law)
Section 28 BNS replaces Section 90 IPC from the old criminal code.
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.
View IPC Section 90 →FAQs on Section 28 BNS
Does Section 28 BNS punish anyone directly?▼
No. Section 28 BNS does not create a separate offence and does not prescribe punishment. It only tells the court when consent should be treated as invalid.
Under Section 28 BNS, can consent given in fear be treated as valid?▼
Usually no, if the fear was enough to destroy free choice and the other person knew or should have known about it. The court will look at the facts, not just the word “consent” used by the parties.
Under Section 28 BNS, is a mistaken belief enough to cancel consent?▼
It can be, if the mistake is about a material fact and the consent was given because of that mistake. A minor misunderstanding will not always be enough; the misconception must matter to the decision.
Where is Section 28 BNS used most often?▼
It is often relied on in criminal cases involving sexual consent and in disputes where one party claims they were misled. It can also matter in medical and contractual settings where real consent is disputed.
Have questions about Section 28 BNS?
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·