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Section 90 in The Indian Penal Code, 1860. 90. Consent known to be given under fear or misconception.—. A consent is not such a consent as it 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 ...
May 6, 2020 · Section 90 of the IPC, though does not define ‘consent’, yet lays down what is not consent. It regulates the operations of Sections 87 , 88 and 89 of the I.P.C. There are four cases where a consent given by a person is no consent.
May 25, 2024 · Purpose: The purpose of Section 90 is to protect individuals from being coerced or deceived into giving consent for acts that they would not agree to under normal circumstances. It recognizes that consent obtained under fear or misconception is not genuine and should not be legally binding.
Jul 1, 2024 · In simple words, Section 90 of the Indian Penal Code states that certain types of consent are not considered valid, such as consent given under fear, misconception, by an insane person, or by a child under twelve years old.
THE INDIAN PENAL CODE _____ ARRANGEMENT OF SECTIONS _____ CHAPTER I INTRODUCTION PREAMBLE SECTIONS 1. Title and extent of operation of the Code. 2. Punishment of offences committed within India. 3. Punishment of offences committed beyond, but which by law may be tried within, India. 4. Extension of Code to extra-territorial offences. 5.
Oct 5, 2024 · Indian Penal Code (IPC) Section 90 is crucial in understanding the validity of consent in criminal law. It outlines situations where consent is rendered invalid, even when given explicitly, due to certain conditions.
Oct 31, 2022 · Description. 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.
Apr 10, 2024 · Section 90 of the Indian Penal Code deals with situations where consent is given under fear or misconception, consent of an insane person, and consent of a child. It is a pivotal section that safeguards the rights and dignity of individuals who might be in vulnerable positions.
Indian Penal Code IPC 90 Section. 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.
May 30, 2020 · This section is being used by the courts in India, by & large, in conjunction with other section of the law where “Consent” of the victim is in question. Let us first read the bare act: Section 90. Consent known to be given under fear or misconception.