Consent known to be given under fear or misconception
AI Assist
Summary
Consent is not valid if it was given because of fear of injury or a wrong belief, and the person doing the act knew or had reason to believe it was so given. It is also not valid if the giver, due to mental illness or intoxication, could not understand the nature and consequence of what they agreed to. Consent given by anyone under twelve years is also invalid unless the context shows otherwise.
Example
Rohan, frightened by his landlord's threats, signed a paper letting the landlord seize some furniture; the landlord knew Rohan was scared. That 'consent' is not treated as valid, so the landlord cannot rely on it to keep or lawfully take the furniture.
Bare Act
Enacted textA consent is not such a consent as is intended by any section of this Sanhita,
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(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
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(b) if the consent is given by a person who, from mental illness, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
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(c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
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