---
title: "IPC Section 90 in BNS: Section 28 | Vakilat"
description: "IPC Section 90 is now Section 28 of the Bharatiya Nyaya Sanhita, 2023. Official headings and which code applies."
url: https://www.vakilat.io/law/ipc-to-bns/90
---

### Browse old and new laws

# IPC Section 90 in the BNS

Section 90 of the Indian Penal Code, 1860, Consent known to be given under fear or misconception. Consent of insane person. Consent of child, is now Section 28 of the Bharatiya Nyaya Sanhita, 2023.

## IPC 90 and the BNS

IPC BNS BNS heading 90 [28](https://www.vakilat.io/law/bns-to-ipc/28) Consent known to be given under fear or misconception.

## Which code applies

The Bharatiya Nyaya Sanhita came into force on 1 July 2024. An offence committed before that date is still punished under the Indian Penal Code, because the BNS keeps the repealed Code's penalties and proceedings alive.

> “Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect,— … (c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed;”

> BNS section 358(2)

Which code governs your matter can turn on the date of the offence and the stage the case had reached on 1 July 2024. Read the official text before you rely on any table.

## Sources

Section numbers follow the [correspondence table](https://www.keralaprisons.gov.in/userfiles/act-and-rules/comparison_summary_BNS_to_IPC.pdf) prepared by the Central Academy for Police Training, Bhopal, of the Bureau of Police Research and Development. Headings are taken from the [Indian Penal Code, 1860](https://www.indiacode.nic.in/bitstream/123456789/15289/1/ipc_act.pdf) and the [Bharatiya Nyaya Sanhita, 2023](https://www.mha.gov.in/sites/default/files/2024-04/250883_english_01042024.pdf) as published, and from the table. The official text governs: read the section itself before you rely on it.

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