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Indian Penal Code, 1860

IPC Section 90 in BNS

§ 90 IPC→§ 28 BNS

Consent known to be given under fear or misconception. Section 90 of the Indian Penal Code, 1860 (Consent known to be given under fear or misconception) corresponds to Section 28 of the Bharatiya Nyaya Sanhita, 2023.

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

Which of the following courts can pass a sentence of death?

Answer & explanation

Court of Session, subject to confirmation by the High Court

A sentence of death passed by a Sessions Court must be submitted for confirmation and shall not be executed until confirmed by the High Court.

Where to find it: BNSS, Chapter II & XXIX

Sections either side of it

How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:

IPCProvisionBNS
87Act not intended to cause death, done by consent25
88Act not intended to cause death, done by consent in good faith for benefit26
89Act done in good faith for benefit of child or insane person by guardian27
91Exclusion of acts which are offences independently of harm caused29
92Act done in good faith for benefit of a person without consent30
93Communication made in good faith31

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IPC→BNS table