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
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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 characteristic, fault and
consequence 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.