Except 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.
IPC Section 94: Simplified Explanation
IPC Section 94 of the Indian Penal Code (IPC) addresses the issue of acts performed under compulsion or threat, essentially stating that if an individual is forced to commit a certain act under the threat of immediate harm—where the threat is of such a nature that it instils a reasonable fear of death or serious bodily injury—then the act performed under such duress is not considered a crime, except murder or offences punishable with death or life imprisonment.
The key points of Section 94 can be outlined as follows:
- Compulsion or Threat: The section applies to situations where an individual is compelled to act due to threats of immediate harm. This compulsion must come from a human source, i.e., another person must apply the threat or force.
- Nature of the Threat: The threat must reasonably induce a fear of death or serious bodily harm. The fear must be of immediate harm, suggesting that the threat is imminent and leaving the person with no reasonable means of escape except through compliance.
- Exceptions: Importantly, Section 94 does not excuse acts of murder or other offences that are punishable with death or life imprisonment. This means that even under threat or coercion, these actions cannot be justified under this section.
- Rationale: The principle behind this section is the recognition that under certain extreme conditions, a person may be forced to act against their will or judgment due to the fear of immediate and severe harm. The law acknowledges the compulsion as a mitigating factor that can absolve the individual from criminal liability for most, but not all, offences.
- Limitations and Interpretation: This section’s applicability is narrowly construed. Courts typically require a high threshold of proof to accept duress as a defence. The threat must be present, imminent, and real. Moreover, the defence cannot be used for all crimes, reflecting a legal and ethical judgment about the nature of the acts that society finds inexcusable under any circumstances.
IPC Section 94 thus provides a legal acknowledgement of the complexities of human behaviour under extreme pressure, offering a defence for those who commit certain acts under compulsion. However, by excluding murder and certain other grave offences from its ambit, it also upholds a moral stance that certain actions cannot be justified even under the most dire threats.
