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 that 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.
Simplified Explanation
Section 32 of the Bharatiya Nyaya Sanhita (BNS), titled “Act to Which a Person is Compelled by Threats,” addresses situations where an individual commits an act under the compulsion of threats. This section provides immunity from criminal liability if a person is forced to perform an action due to a credible threat of harm, acknowledging that they acted under duress and had limited control over their decision.
Key Points of Section 32
- Compulsion by Threats:
- This section applies when a person is compelled to commit an act because of a threat. The threat must be serious enough to instill fear and force the person into compliance, leaving them with little or no choice but to act as directed by the threat-maker.
- Nature of the Threat:
- For immunity to apply, the threat must be substantial and credible, typically involving harm to life, physical safety, or severe consequences. The threat should be immediate and leave the person with no reasonable alternative but to comply to avoid the harm threatened.
- Lack of Free Will:
- Section 32 recognizes that when someone acts under such compulsion, they are not acting of their own free will. The individual’s actions are driven by the need to avoid harm rather than by personal intent or choice, which distinguishes it from voluntary actions.
- Exclusion of Certain Serious Offenses:
- In some legal frameworks, acts involving severe crimes such as murder or treason may not be excused under duress, but Section 32 generally covers situations where the compelled act is less severe or where the individual’s life or safety is at risk. Courts may determine which offenses are ineligible for immunity under this section.
- Examples of Compelled Acts:
- For example, if a person is threatened at gunpoint and forced to commit theft, they may be protected under Section 32. Similarly, if someone is coerced under severe threat to participate in a minor offense, the section may provide them immunity, as their actions were not voluntary.
- Judicial Assessment of Compulsion and Credibility of Threats:
- Courts evaluate the seriousness and immediacy of the threat, whether the individual had any reasonable means of escape, and the proportionality of their response. This ensures that immunity is applied only in genuine cases of duress and not as a defense for actions taken willingly.
- Exclusion of Self-Inflicted Duress:
- If a person voluntarily places themselves in a situation where they are likely to be compelled to act (e.g., joining a criminal organization known for coercion), they may not be protected under Section 32. The immunity applies only when the compulsion is unforeseen and beyond the individual’s control.
Purpose of Section 32
The purpose of Section 32 is to acknowledge that people may act under extreme pressure or threats that deprive them of true freedom of choice. By offering immunity in cases of duress, this section ensures that individuals are not punished for actions taken solely to avoid imminent harm. This provision supports fairness in the justice system by recognizing the impact of threats on human behavior, allowing courts to differentiate between acts committed voluntarily and those committed under compulsion. Section 32 provides a compassionate and just approach by protecting those who act under unavoidable duress while preserving accountability for genuinely voluntary actions.
