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

Indian Penal Code, 1860

Section 90 IPC at a Glance

Section 90 IPC deals with consent known to be given under fear or misconception. From 1 July 2024 it is replaced by Section 28 BNS.

Punishment

None. Section 90 IPC creates no offence.

BNS Equivalent

Section 28 →

Section 90 IPC Bare Act Text

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.

Source: Section 90, Indian Penal Code, 1860

Section 90 IPC in Simple Words

Section 90 of the Indian Penal Code (IPC) says when a consent does not count as a consent for the purposes of the Code. A consent given under fear of injury or a misconception of fact is no consent if the person acting knows or has reason to believe it was given for that reason. The same is true of a consent given by a person of unsound mind or intoxicated, or by a child under twelve years of age.

Ingredients of Section 90 IPC

  • 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 90 IPC

Imprisonment

None. Section 90 IPC creates no offence.

Fine

None.

Section 90 IPC is a rule of interpretation in the General Exceptions chapter. It has no entry in the First Schedule to the CrPC.

Example of Section 90 IPC

In 2022 in Bhopal, an unlicensed healer named Ramesh falsely told a farmer, Govind, that a harmless skin rash on the arm of Govind was a deadly snakebite that required burning the skin with a hot metal plate immediately. Believing that false statement, Govind agreed to have his arm burned. Ramesh burned the arm of Govind while knowing that the consent was given in consequence of a misconception of fact. The agreement of Govind is not a valid consent because of Section 90 IPC.

When Section 90 IPC Does Not Apply

  • The person gives consent voluntarily without any fear of injury or misconception of fact.
  • Even though the person consents under fear of injury or a misconception of fact, the doer neither knows nor has reason to believe that the consent was given for that reason.
  • The person giving consent is at least twelve years old, is of sound mind, and is not intoxicated so as to be unable to understand the nature and consequence of what he consents to.
  • A child under twelve years of age gives consent under a provision where the context shows that such consent is valid.

Section 90 IPC in the BNS

Section 90 IPC is now covered under Section 28 BNS.

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 detailed comparison (IPC 90 vs BNS 28) →

FAQs on Section 90 IPC

What does Section 90 IPC say?▼

That a consent is not a consent for the purposes of the Code if it is given under fear of injury or a misconception of fact, or by a person of unsound mind, intoxicated, or under twelve years of age.

Does fear always make a consent invalid under Section 90 IPC?▼

No. The person doing the act must know, or have reason to believe, that the consent was given because of the fear or misconception.

Is a consent given by a child under twelve valid under Section 90 IPC?▼

Not unless the contrary appears from the context.

Is Section 90 IPC an offence?▼

No. It creates no offence. It is a rule on what counts as a consent, used with the sections that allow an act done by consent.

What is the BNS equivalent of Section 90 IPC?▼

Section 28 BNS, which sets the three cases out as clauses a to c.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·