IPC 91 vs BNS 91
● Retained in BNSConsent given under fear or misconception
Section 91 of the Indian Penal Code, 1860, deals with situations where consent is obtained under fear or by mistake. Such consent is considered invalid because the individual did not give it freely and voluntarily, and therefore, acts done relying on such consent may attract criminal liability.
Under IPC 91:
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Consent given under fear of injury, threat, or coercion is not valid,
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Consent given under a misconception of fact is also invalid,
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Acts performed relying on such consent cannot claim legal justification.
For example, if a person is forced to sign a contract or undergo a procedure under threat, the consent is invalid. Similarly, if someone consents to an act based on a false understanding of what will happen, that consent is legally ineffective.
IPC 91 ensures protection against coercion and deception, emphasizing that true consent must be informed and voluntary. It safeguards individual autonomy and prevents exploitation by recognizing that consent obtained through fear or mistake cannot absolve the perpetrator of liability.
Thus, IPC 91 is an important provision for maintaining fairness, justice, and ethical standards in interactions requiring consent.
Consent given under fear or misconception
Section 91 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 91, continuing the principle that consent obtained under fear or misconception is legally invalid.
Under BNS 91:
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Consent must be freely given without coercion or threat,
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Consent obtained under a false understanding of the act is also invalid,
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Legal protection does not apply to acts done relying on such consent.
For instance, forcing a person into an agreement or persuading them based on incorrect information makes the consent ineffective under BNS 91. This provision protects individuals from exploitation, undue influence, and deception, ensuring that only voluntary and informed consent is legally recognized.
By retaining IPC 91’s principles, BNS 91 emphasizes autonomy, voluntariness, and informed decision-making, ensuring acts cannot be justified based on coerced or mistaken consent. It provides clarity and fairness in legal situations requiring consent.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 91 to BNS BNS 91.