Act to which a person compelled by threats
AI Assist
Summary
An act done because a person is compelled by threats that, at the time, reasonably cause the apprehension of instant death is not an offence, except for murder and offences against the State punishable with death. The protection applies only when the fear of immediate death exists at the moment of the act. It is not available if the person voluntarily placed themselves in the dangerous situation or acted from a fear of lesser harm.
Example
Ravi, a smith, is seized by a gang of dacoits who threaten to kill him instantly unless he uses his tools to force open a house. Because the threat created a reasonable apprehension of immediate death at the time, his act in opening the door is not an offence. If Ravi had willingly joined the gang knowing their character, he would not get this protection.
Bare Act
Enacted textExcept murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence;
Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
Explanation 1
A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law.
Explanation 2
A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
Previous year papers
Pick your exam. we'll email the most recent paper.