What is Section 90 IPC? Consent known to be given under fear or misconception
Published on: Lawiz Team
Detailed explanation of Section 90 IPC: Consent known to be given under fear or misconception.
Official Legal Text
Consent is not such as is intended by any section of this Code if the consent is given by a person under fear or misconception of fact.
What This IPC Section Means – Explained in Simple Words
Section 90 of the Indian Penal Code states that consent given under fear, misconception, or by a person of unsound mind or intoxicated state is not valid.
Purpose
The purpose of Section 90 is to clarify legal immunity or liability based on age, mental state, or consent as specified in the IPC.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Consent given under fear or misconception is not valid, making the act punishable under applicable offences.
Scope and Application
Section 90 applies in situations where the individual’s age, mental condition, or the nature of consent influences legal responsibility.
Important Legal Points
This section highlights how legal responsibility can be influenced by factors such as age, consent, or mental state.
Illustrative Example
A person gives consent for a transaction due to a false promise or misconception. Such consent is not considered valid under Section 90.
Exceptions and Special Cases
Discusses any exceptions or specific scenarios where Section 90 may not apply.
Conclusion
Section 90 provides a nuanced approach to legal responsibility considering specific circumstances.
FAQs
What does Section 90 IPC define?
Consent known to be given under fear or misconception.
What is the legal scope of Section 90 IPC?
It defines how consent known to be given under fear or misconception is treated under Indian Penal Code.
When is Section 90 IPC applicable?
In cases involving consent known to be given under fear or misconception circumstances or actions.
Are there exceptions under Section 90 IPC?
It must be read with relevant general exceptions or contextual limitations.
Can you give an example related to Section 90 IPC?
Real case laws often refer to consent known to be given under fear or misconception in specific judgments.
Is Section 90 connected to any other IPC sections?
Yes, this section is often applied alongside related IPC provisions depending on the case.
How do courts interpret Section 90 IPC?
Courts interpret it in line with judicial precedent and legislative intent.