IPC 90 vs BNS 90 – Legal Validity of Consent
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 90
Consent given by a person incapable of appreciating the nature of the act
About IPC Section
Section 90 of the Indian Penal Code, 1860, addresses situations where consent is given by a person incapable of understanding the nature or consequences of the act. Such consent is not legally valid, and any act done based on it may attract criminal liability.
Under IPC 90:
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Consent must be voluntarily given by a person capable of understanding the act,
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Consent given by someone unable to comprehend the consequences, such as a child or a person of unsound mind, is invalid,
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Acts performed relying on such consent cannot claim legal justification.
For example, medical treatment performed on a minor child without proper guardian consent or on a mentally incapacitated person without legal authorization cannot rely on the person’s consent as a defense. Similarly, sexual acts with someone unable to appreciate the nature of the act are considered non-consensual under this provision.
IPC 90 ensures that criminal law protects vulnerable individuals, emphasizing that consent must be informed and understood to be valid. It prevents misuse of consent and upholds justice by recognizing the limitations of certain individuals to make legally binding decisions.
Section: BNS 90
Consent given by a person incapable of appreciating the nature of the act
About BNS Section
Section 90 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 90, maintaining the principle that consent given by someone incapable of understanding the act is legally ineffective.
Under BNS 90:
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Consent must be given by a person competent to comprehend the nature and consequences of the act,
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Acts relying on consent from individuals who lack understanding, such as children under a certain age or persons of unsound mind, are not justified,
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Legal protection is not granted for acts done under such invalid consent.
For instance, medical procedures, contractual agreements, or personal acts performed relying on the consent of a minor or mentally incapacitated person are not legally defensible under BNS 90. This provision safeguards vulnerable individuals and prevents exploitation.
By retaining IPC 90’s principles, BNS 90 continues to emphasize informed consent, legal capacity, and protection of vulnerable persons, ensuring that criminal liability applies when consent is absent or invalid.