IPC 92 vs BNS 92
● Retained in BNSConsent by a person whose intoxication prevents understanding
Section 92 of the Indian Penal Code, 1860, provides that consent given by a person who, due to intoxication, is unable to understand the nature of the act, is legally ineffective. Consent must be voluntary, informed, and given by a person capable of understanding the consequences.
Under IPC 92:
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If a person is intoxicated voluntarily or involuntarily to the extent that they cannot comprehend the act, any consent given is invalid,
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Acts performed relying on such consent cannot claim legal justification,
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The law ensures that vulnerable individuals are protected from exploitation.
For example, engaging in sexual activity with someone who is heavily intoxicated and unable to understand the nature of the act is considered non-consensual under IPC 92. Similarly, medical or contractual acts done relying on the consent of a person incapacitated due to intoxication are not legally defensible.
This section emphasizes that true consent requires understanding, reinforcing the principle of autonomy and legal protection for individuals who cannot make informed decisions due to intoxication.
IPC 92 ensures fairness by preventing exploitation and abuse when the capacity to consent is compromised.
Consent by a person whose intoxication prevents understanding
Section 92 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 92, continuing the principle that consent given by a person unable to comprehend the act due to intoxication is invalid.
Under BNS 92:
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Consent must be given by someone capable of understanding the nature and consequences of the act,
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Acts done relying on consent from someone intoxicated and incapacitated are not justified,
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This protection applies whether intoxication is voluntary or involuntary, depending on the circumstances.
For instance, sexual acts, medical procedures, or contractual agreements carried out with someone who is heavily intoxicated and cannot understand the act are legally invalid under BNS 92. The law emphasizes the importance of informed and voluntary consent, ensuring that incapacitated individuals are protected from exploitation.
By retaining IPC 92’s principles, BNS 92 ensures that legal responsibility is enforced only when consent is meaningful, informed, and voluntary, maintaining fairness and protection for vulnerable individuals.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 92 to BNS BNS 92.