Question
Download Solution PDFUnder Section 28 of the Bharatiya Nyaya Sanhita, a person under the age of __ cannot give valid consent unless the context suggests otherwise.
Answer (Detailed Solution Below)
Option 2 : 12 years
Detailed Solution
Download Solution PDFThe correct answer is Option 2.
Key Points Section 28. Consent known to be given under fear or misconception
A consent is not such a consent as is intended by any section of this Sanhita,--
(a) if the consent is given by a person 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; or
(b) if the consent is given 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; or
(c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.