Consent known to be given under fear or misconception
AI Assist
Summary
Consent is not treated as valid if it was given because the person feared injury or was mistaken about facts, and the actor knew or had reason to believe this. It is also invalid if the person, due to unsoundness of mind or intoxication, could not understand the nature and consequences of their consent. Finally, consent by a person under twelve years of age is presumed invalid unless context shows otherwise.
Example
Sneha signs a paper a loan agent tells her is only a receipt. She signs under that mistaken belief and the agent knows she is mistaken. Her signature is not treated as valid consent for purposes of the law under this rule.
Bare Act
Enacted textA 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 personif 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 childunless 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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