Section 28 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Consent known to be given under fear or misconception.

28. 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.