Section 20: Consent

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Consent may be expressed orally or in writing or by gesture or conduct.

Provided that consent given in any of the following circumstances shall not be considered to be consent:

(a) Where the consent is given by a person under a mistake of fact or fear or threat of any kind of injury or harm and the doer of the act in pursuance of such consent knows, or has reason to believe, that the consent was so given,

(b) Where the consent is given by a person who, being of unsound mind due to mental illness, is unable to understand the characteristics, faults and consequences of the consent given by him or her when he or she was in a state of unsoundness of mind,

(c) Where the consent is given by a child below eighteen years of age,

(d) Where the consent is given under undue influence.

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