IPC 93 vs BNS 93 – Consent Given by Mistake or Fear

About IPC Section

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:

• Consent obtained under a misconception of fact is not legally valid,

• Consent given under fear or threat of injury is also ineffective,

• 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.