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Dr Shovan Alam   21 February 2022


what is the definition of consent?
why there is no section on definition of consent?


 2 Replies

Adv. Mohit Chahal (Advocate)     21 February 2022

Dear Querist

'Consent’ defined under section 13 of Indian Contract Act, 1872

Two or more persons are said to consent when they agree upon the same thing in the same sense.

Mohit Chahal
District & Sessions Court, Hisar
Phone No. 9968911099


Sharmishta P Raj (nil)     22 February 2022

Section 13 of the Indian Contract Act of 1872 defines consent as "when two or more persons agree on the same thing in the same sense." Furthermore, Section 14 of the Act talks about "Free consent." Consent is said to be free if it is not impacted by—

  1.  coercion (as defined in Section 15), 
  2.  undue influence (as defined in section 16),
  3. fraud (as defined in Section 17), 
  4. misrepresentation (as defined in section 18), or
  5. mistake (subject to the provisions of sections 20, 21, and 22).

Consent is induced when it would not have been given under coercion, undue influence, fraud, misrepresentation, or mistake.

Section 90 of the Indian Penal Code defines "consent" in criminal law as one that is freely given with valid approval by an adult who is not mentally ill. Consent must be delivered after a reasonable understanding of the situation has been reached without misrepresentation or concealment of facts. As a result, informed consent should be provided, ideally in writing and in the presence of witnesses.

I hope this helps.

 Thank You!

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