AIBE XVII — February 2023 — Q.14 (Indian Penal Code, 1860)

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Q.14

IPC & Bharatiya Nyay Sanhita (BNS) Medium Act + Section Given

Bare Act Indian Penal Code, 1860 · Section 90

The consent is not a valid consent under Section 90 of IPC:

A If given under fear of injury or misconception of fact.

B If given by person of unsound mind.

C If given by child below 12 years of age.

✓ All of these. Answer

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Explanation & Strategy

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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.'

1 Pick up IPC.
2 Go to Section 90.
3 Read the conditions that invalidate consent: fear of injury, misconception of fact, unsound mind, intoxication, under-12 age.

At a Glance

Subject IPC & Bharatiya Nyay Sanhita (BNS)

Difficulty Medium

Act Indian Penal Code, 1860

Section Section 90

Answer (D) Act + Section Given

Paper AIBE XVII — February 2023

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