IPC S. 90.

Consent known to be given under fear or misconception —

 

A consent is not such a consent as it intended by any section of this Code, 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

 

Consent of insane person —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

 

Consent of child —unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.


IPC, Section 375 – IPC, Section 90  - "Consent" - Section 90 though does not define "con-sent", but describes what is not "consent" -  Consent may be express or implied, coerced or misguided, obtained willingly or through deceit - "Consent" is also stated to be an act of reason coupled with deliberation -  It denotes an active will in mind of a person to permit the doing of the act complained of - An inference as to consent can be drawn if only based on evidence or probabilities of the case -  If the consent is given by the complainant under misconception of fact, it is vitiated -  Consent for the purpose of Section 375 requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act, but also after having fully exercised the choice between resistance and assent - Whether there was any consent or not is to be ascertained only on a careful study of all relevant circumstances. (2018)2 SCeJ 1918