49 CAP. 224 Penal Code 2008 Ed. (a) if the consent is given by a person — (i) under fear of injury or wrongful restraint to the person or to some other person; or (ii) under a misconception of fact, and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; (b) if the consent is given by a person who, from unsoundness of mind, mental incapacity, intoxication, or the influence of any drug or other substance, 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 12 years of age. [51/2007] [Indian PC 1860, s. 90] Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89 91. The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. [32/80] Illustration Causing miscarriage, unless it is authorised under the Termination of Pregnancy Act (Cap. 324) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore it is not an offence “by reason of such harm”; and the consent of the woman, or of her guardian, to the causing of such miscarriage does not justify the act. [Indian PC 1860, s. 91] Act done in good faith for the benefit of a person without consent 92. Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that Informal Consolidation – version in force from 1/4/2015