Delhi APO 2005

Which one of the following statments is correct? Under Section 90 of the Indian Penal Code consent is said to be a free consernt when (A) given by a child above 12 years of age (B) given by a person under fear of injury (C) given by a person of unsound mind (D) given under misconception of fact

Verified Answer
A. given by a child above 12 years of age
B. given by a person under fear of injury
C. given by a person of unsound mind
D. given under misconception of fact

Explanation:

Section 90 of the Indian Penal Code specifies conditions under which consent is *not* considered free (e.g., given under fear of injury, misconception of fact, by a person of unsound mind, or by a child under twelve years of age). Therefore, consent given by a child *above* twelve years of age, assuming none of the other vitiating factors are present, *can* be considered free consent. The other options describe situations where consent is explicitly *not* free as per Section 90.