Published on: October 20, 2023 at 10:24 IST
Court: Supreme Court of India
Citation: Maheshwar Tigga V. State of Jharkhand (2020)
Honourable Supreme Court of India has held that Section 90 of the Indian Penal Code 1860 protects a person for giving a consent given under a misconception of fact. However, misconception of fact has to be within the proximity of time of the occurrence and cannot be spread over a period of several years.
14. Under Section 90 IPC, a consent given under a misconception of fact is no consent in the eye of the law. But the misconception of fact has to be in proximity of time to the occurrence and cannot be spread over a period of four years. It hardly needs any elaboration that the consent by the appellant was a conscious and informed choice made by her after due deliberation, it being spread over a long period of time coupled with a conscious positive action not to protest. The prosecutrix in her letters to the appellant also mentions that there would often be quarrels at her home with her family members with regard to the relationship, and beatings given to her.
Drafted By Abhijit Mishra