The consent is not a valid consent under Section 90 of IPC:
Explanation & Strategy
Click any section to expand · only one open at a time
Section 90 IPC specifies when consent is NOT valid: (1) given under fear of injury or misconception of fact, (2) given by a person of unsound mind or intoxicated, (3) given by a person under 12 years of age (unless contrary appears from context). The section protects vulnerable persons from exploitation through technically obtained but meaningless 'consent.'