Section 28 defines situations where consent is not legally valid under the Sanhita. Consent must be free, informed, and given by a capable person. If it is obtained under fear, misunderstanding, or mental incapacity, it does not justify any act done on the basis of such consent.
Key Provisions:
Consent under Fear or Misconception is Invalid:
If someone gives consent due to fear of injury or a misunderstanding of facts, and
The person doing the act knows or has reason to believe the consent was not truly free,
Then that consent is not legally valid.
Consent from an Incapable Person is Invalid:
If a person is of unsound mind or intoxicated, and
Cannot understand the nature and consequences of their consent,
The consent is invalid.
Consent of a Child Under 12 is Invalid:
Unless stated otherwise, any consent given by a child under 12 years of age is considered invalid.
How It Protects:
Prevents misuse of manipulated or coerced consent.
Protects children, mentally unstable, or intoxicated individuals from harm due to their inability to fully understand consequences.
Ensures that consent is meaningful and voluntary.
Examples:
A doctor performing surgery after getting consent from a scared patient who was threatened – invalid consent.
A person agreeing to give away property while drunk and unaware – invalid consent.
A child under 12 saying “yes” to a dangerous activity – invalid consent.
