Consent

In construing any provision of this Code by which it is required for a criminal act or criminal intent that an act should be done or intended to be done without a person’s consent, or by which it is required for a matter of justification or exemption 29 that an act should be done with a person’s consent, the following rules should be observed, namely– (a) A consent shall be void if the person giving it be under nine years of age, or be by reason of insanity or of immaturity, or any other permanent or temporary incapacity, whether from intoxication or any other cause, unable to understand the nature or consequence of the act to which he consents. (b) In the case of a sexual assault upon a person, a consent shall be void if the person giving it is under sixteen years of age without prejudice to any other grounds set out in this section. (c) A consent shall be void if it be obtained by means of deceit or of duress. (d) A consent shall be void if it be obtained by the undue exercise of any official, parental or other authority, and any such authority which is exercised otherwise than in good faith for the purposes for which it is allowed by law shall be deemed to be unduly exercised. (e) A consent given on behalf of a person by his parent, guardian, or any other person authorised by law to give or refuse consent on his behalf shall be void if it be given otherwise than in good faith for the benefit of the person on whose behalf it is given. (f) A consent shall be of no effect if it be given by reason of a mistake of fact. (g) A consent shall be deemed to have been obtained by means of deceit or of duress or of the undue exercise of authority, or to have been given by reason of a mistake of fact, if it would have been refused but for such deceit, exercise of authority or mistake, as the case (h) For the purposes of this section, exercise of authority is not limited to exercise of authority by way of command, but includes influence or advice purporting to be used or given by virtue of an authority, Provided that no person shall be prejudiced by the invalidity of any consent if he did not know and could not by the exercise of reasonable diligence have known of such invalidity.