All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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57.

The consent is not a valid consent under Section 90 of IPC:

A: If given under fear of injury or misconception of fact.
B: If given by person of unsound mind.
C: If given by child below 12 years of age.
D: All of these

The answer is: D

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Explanation

The correct option is D: All of these. Here is the explanation:

Section 90 of the IPC states that a consent is not valid if it is given by a person under any of the following circumstances:

- Under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception.

- By a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent.

- By a person who is under twelve years of age, unless the contrary appears from the context.

Therefore, any consent given under these conditions is not a valid consent under Section 90 of IPC.