According to Section 10 of the Indian Contract Act, 1872, an agreement is a contract when it is made for some consideration, between parties who are competent, with their free consent and for a lawful object. Thus, for the purpose of entering into a contract, free consent is one of the essentials.

According to Section 14 of the Indian Contract Act, 1872, consent is considered as free when it is not caused by coercion, undue influence, fraud, misrepresentation and mistake.

Thus, if the patient or his guardian gives consent under coercion, undue influence, fraud, misrepresentation or mistake or if the consent is given by a person who is minor, or is mentally unsound, not fully conscious, intoxicated or who is ignorant of the implications of such consent, then the consent is not valid.

Blanket consent given at the time of admission is invalid.

Separate consent for specific procedure and for anesthesia before conducting the procedure may be taken.

A signed written consent form by itself does not constitute valid consent, though it is an evidence of consent given by the patient or his guardian. The following components are essential for a valid consent form:

• The patient gives consent voluntarily without any coercion
• The patient is capable and competent to give consent.
• The patient has an adequate level of information about the nature of the procedure which he is giving the consent for.