Any 'yes' counts as consent, no matter how it was obtained.

Under Section 90, a 'yes' given due to fear, deception about facts, incapacity, or by a child under twelve is not treated as valid legal consent.

A broken promise (like a promise to marry) always makes earlier consent invalid.

Courts have clarified that only a false promise made with no real intention to keep it from the start counts as a 'misconception of fact' under this section — a promise made in good faith but later broken does not automatically invalidate consent.

Indian Penal Code, 1860

Section 90

repealed

Consent known to be given under fear or misconception

A consent is not such a consent as is intended by any section of this Code, 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 Consent of insane person 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 Consent of child unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.§

Why this exists

The Indian Penal Code often makes an act legal only if the affected person 'consented' to it (for example, in cases of hurt, sexual acts, or taking property). Section 90 exists to stop people from misusing the idea of consent as a legal shield when that agreement wasn't truly free or informed. It draws on the basic principle that real consent needs a sound, free mind — not one clouded by threats, deception, immaturity, or incapacity.

How courts read it

Indian courts, including the Supreme Court, have repeatedly used Section 90 to test whether consent in cases like sexual relations obtained on a false promise of marriage, or medical procedures done on misinformed patients, is legally valid. Judgments have clarified that a mere breach of promise is not automatically a 'misconception of fact' — courts look for proof that the accused never intended to keep the promise at the time consent was given, and that this deception directly caused the consent.

Common misconceptions

Myth: Any 'yes' counts as consent, no matter how it was obtained.
Fact: Under Section 90, a 'yes' given due to fear, deception about facts, incapacity, or by a child under twelve is not treated as valid legal consent.
Myth: A broken promise (like a promise to marry) always makes earlier consent invalid.
Fact: Courts have clarified that only a false promise made with no real intention to keep it from the start counts as a 'misconception of fact' under this section — a promise made in good faith but later broken does not automatically invalidate consent.