IPC 90 → BNS 28: Invalid Consent

Quick Summary: IPC 90 vs BNS 28

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 90 (Invalid Consent) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Invalid Consent now maps to BNS 28, and the position below reflects the current bare act.

What did IPC 90 cover?

IPC 90 dealt with invalid consent — consent known to be given under fear or misconception. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 28: What changed in the new law?

Clarifies what constitutes valid consent. From 1 July 2024, new complaints relating to invalid consent are filed under BNS Section 28, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 28

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: For invalid consent, cite the current provision BNS 28 rather than the repealed IPC 90 in all matters arising on or after 1 July 2024.
• Police officers: Register new invalid consent FIRs under BNS 28; procedure follows the BNSS.
• Law students & citizens: Use the IPC 90 to BNS 28 mapping when checking your position on invalid consent under the new law.