Indian Penal Code, 1860—Section 90—Misconception of fact—Scheme of Section 90 starts with a negative covenant—Section 90 only provides what is not a consent—If a consent is given under fear of injury or under a misconception of fact, that is no consent at all—Accused too should have knowledge or should have reasons to believe that consent was given by victim in consequence of fear of injury or misconception of fact—First part of Section 90 is from point of view of victim and, second part deals with corresponding provision from point of view of accused—Requirement of both parts of Section 90 has perforce to be cumulatively satisfied—If consent is obtained by intimidation, force, circumvention, surprise or undue influence, such consent is synonymous with delusion and cannot be said to be outcome of weighing pros and cons in a balanced manner—So far as consent for sexual act is concerned, especially on part of a female, question is whether she is understanding nature and consequence of sexual act and whether such understanding is intelligent understanding—Then only, it can qualify to be called her consent. (Paras 27, 28, 31, 35 and 36)

Protection of Children from Sexual Offences Ac