IPC 93 vs BNS 93
● Retained in BNSConsent by mistake or under fear does not justify offense
Section 93 of the Indian Penal Code, 1860, establishes that consent given by mistake or under fear of injury does not justify an otherwise criminal act. Even if a person relies on such consent, the act may still constitute an offense because the consent is considered invalid.
Under IPC 93:
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Consent obtained under a misconception of fact is not legally valid,
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Consent given under fear or threat of injury is also ineffective,
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Acts performed relying on such consent cannot claim legal justification.
For example, if a person consents to a medical procedure believing it is harmless, but the procedure is actually harmful, the consent is invalid. Similarly, if someone is coerced into consenting to an act due to threats, any harm caused cannot be legally excused.
IPC 93 safeguards individuals against coercion, fraud, and deception, emphasizing that criminal liability depends not only on the act but also on the validity of consent. The law ensures fairness and protects autonomy, particularly in situations where fear or misunderstanding may impair voluntary decision-making.
Thus, IPC 93 reinforces that acts done without proper, informed consent are punishable even if the actor relied on consent given under mistake or fear.
Consent by mistake or under fear does not justify offense
Section 93 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 93, maintaining the principle that consent obtained under mistake or fear does not absolve the actor from criminal liability.
Under BNS 93:
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Consent must be freely and voluntarily given,
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Consent obtained under misconception of fact or fear of injury is legally ineffective,
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Acts relying on such consent cannot claim justification under law.
For instance, if a person is threatened or deceived into consenting to a harmful act, the consent does not protect the perpetrator from legal consequences. BNS 93 safeguards vulnerable individuals and reinforces the importance of informed, voluntary, and free consent in all legal interactions.
By retaining IPC 93’s principles, BNS 93 ensures that criminal liability is applied fairly, preventing individuals from exploiting fear or misunderstanding to justify wrongful acts. It continues to emphasize protection, autonomy, and legal accountability.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 93 to BNS BNS 93.