IPC Section 90

IPC Section 90 addresses the concept of consent in criminal law, specifically when such consent is given due to fear of injury. It clarifies that consent obtained by threatening harm or injury is not considered valid. This section is crucial because it protects individuals from being coerced into actions against their will under duress or intimidation.

Understanding this section helps in distinguishing between genuine consent and consent extracted through fear, which can affect the legality of acts such as contracts, sexual offences, or other criminal acts where consent is a key factor.

IPC Section 90 – Exact Provision

In simple terms, if a person agrees to something only because they are afraid of harm or are mistaken about important facts, that agreement does not count as true consent legally. The law recognizes that fear or misunderstanding can force someone to comply unwillingly, so such consent is invalid.

• Consent must be free and voluntary to be valid.

• Consent obtained by threats or fear is legally void.

• Misconception of fact also invalidates consent.

• Protects individuals from coercion or deception.

Purpose of IPC Section 90

The main objective of IPC Section 90 is to ensure that consent in criminal matters is genuine and not influenced by fear or misunderstanding. It aims to prevent exploitation where a person might be forced or tricked into consenting to an act they would otherwise refuse. This protects personal autonomy and upholds justice by invalidating coerced agreements.

• To safeguard free will in consent.

• To prevent crimes committed through coercion.

• To clarify legal standards for valid consent.

Cognizance under IPC Section 90

Cognizance under this section is generally taken when the validity of consent is questioned in a criminal case. Courts examine whether consent was given freely or under fear or misconception. The process involves assessing evidence and circumstances surrounding the consent.

• Court takes cognizance when consent is disputed.

• Evidence of fear or misconception must be presented.

• Judicial scrutiny determines consent validity.

Bail under IPC Section 90

Since IPC Section 90 itself does not define an offence but relates to the validity of consent in other offences, bail depends on the primary offence involved. Generally, the nature of the offence where consent is an issue determines bail eligibility.

• Bail depends on the offence linked with consent.

• Consent obtained by fear may negate defence claims.

• Court considers circumstances before granting bail.

Triable By (Which Court Has Jurisdiction?)

Cases involving IPC Section 90 are tried in courts depending on the main offence where consent is a factor. For serious offences, Sessions Courts have jurisdiction, while less severe cases may be tried by Magistrate Courts.

• Sessions Court tries serious offences involving consent.

• Magistrate Court handles minor offences with consent issues.

• Jurisdiction depends on offence severity and facts.

Example of IPC Section 90 in Use

Suppose a person is forced to sign a contract because someone threatened to harm their family. Later, the person claims the contract is invalid because their consent was obtained under fear of injury. The court will examine if the consent was genuine or coerced. If coercion is proven, the contract may be declared void under IPC Section 90. Conversely, if no fear is established, the consent stands valid.

Historical Relevance of IPC Section 90

IPC Section 90 has roots in common law principles protecting free consent. It was included in the Indian Penal Code to codify the idea that consent must be free from coercion or deception.

• Introduced in IPC in 1860 to define valid consent.

• Reflects English common law influence.

• Reinforced by landmark cases clarifying consent validity.

Modern Relevance of IPC Section 90

In 2025, IPC Section 90 remains vital in cases involving sexual offences, contracts, and criminal liability where consent is disputed. Courts continue to interpret this section to protect individuals from coercion and ensure justice.

• Used extensively in sexual offence cases.

• Supports victim protection against forced consent.

• Guides judicial assessment of consent validity.

Related Sections to IPC Section 90

• Section 375 – Rape and consent issues

• Section 76 – Consent in general

• Section 87 – Consent in good faith

• Section 94 – Consent obtained by fraud

• Section 95 – Consent when person is incapable

• Section 96 – Act done with consent

Case References under IPC Section 90

1. State of Punjab v. Gurmit Singh (1996 AIR 1393, SC)

   – The Court held that consent obtained by fear or threat is not valid consent under the law.

2. Ranjit Thakur v. State of Bihar (1965 AIR 945, SC)

   – It was established that consent must be free and voluntary to be legally effective.

3. Bhagwan Singh v. State of Rajasthan (1976 AIR 2151, SC)

   – The Supreme Court clarified that misconception of fact negates valid consent.

Key Facts Summary for IPC Section 90

• Section:

  90

• Title:

  Consent Caused by Fear of Injury

• Offence Type:

  Non-bailable; Cognizable (as per main offence)

• Punishment:

  Depends on offence where consent is relevant

• Triable By:

  Magistrate or Sessions Court depending on offence

Conclusion on IPC Section 90

IPC Section 90 plays a crucial role in criminal law by defining when consent is not legally valid due to fear or misconception. It ensures that individuals are protected from coercion and that consent is genuinely given. This section helps maintain fairness in legal proceedings where consent is a key element.

Its application spans various offences, including sexual crimes and contractual disputes, reinforcing the principle that true consent must be free and informed. As society evolves, IPC Section 90 continues to uphold justice by preventing exploitation through fear or deception.

FAQs on IPC Section 90

What does IPC Section 90 mean by consent caused by fear?

It means consent given when a person is scared of injury or harm is not considered valid legally. Such consent is treated as coerced and invalid.

Is consent obtained under misconception of fact valid under IPC Section 90?

No, if consent is given because of a wrong understanding of important facts, it is not valid under this section.

Does IPC Section 90 apply to all offences?

IPC Section 90 applies to offences where consent is a factor. It does not create an offence but affects the validity of consent in other crimes.

Can a person claim consent was caused by fear to avoid liability?

Yes, but the court will examine evidence to determine if fear or coercion actually influenced the consent.

Which courts handle cases involving IPC Section 90?

Depending on the main offence, either Magistrate Courts or Sessions Courts have jurisdiction over cases involving IPC Section 90.