IPC Section 90
IPC Section 90 – Consent given under fear or misconception
Text of Section 90 (simplified):
“Consent is not valid if it is obtained by:
(1) fear of injury, or
(2) misconception of fact.”
Detailed Explanation
Nature of Section 90:
This section is about invalid consent under the Indian Penal Code.
In criminal law, consent can be a defense in certain cases (like bodily harm), but it is not valid if it is obtained through fear or a wrong belief.
Key Elements of Section 90:
A. Consent obtained by fear of injury:
If a person consents because they are threatened with harm, the consent is not voluntary.
Example: A man is forced to sign a contract because someone threatens to hurt him. This consent is invalid.
If consent is given due to wrong information or misunderstanding of the facts, it is invalid.
Example: A person consents to medical treatment believing it is minor, but the doctor performs a major procedure without explaining.
Purpose of Section 90:
To ensure that consent is truly voluntary and informed.
Protects individuals from coercion, deceit, or undue influence.
Ensures fairness in legal and personal transactions.
Application in Criminal Law:
Often used in cases of assault, sexual offenses, or bodily harm.
If consent is shown to be invalid under Section 90, the act may become punishable, even if the accused thought they had permission.
Important Points:
Fear or misconception must directly influence the consent.
Section 90 clarifies that consent must be free and informed; otherwise, it is legally ineffective.
Example:
A woman is forced by threats to marry someone.
Her consent is invalid under Section 90 because it was obtained under fear of injury.
A man donates money believing it will go to charity, but it is actually used for illegal purposes.
His consent is invalid under Section 90 due to misconception of fact.
✅ In short:
Section 90 IPC ensures that consent is meaningful only when it is voluntary and informed. Any consent obtained by fear or misconception is treated as invalid in law.
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