BNS Section 32: Legal Consequences of Acts Committed Under Threat or Coercion

Amit Kapoor07 mins

Act to which a person is compelled by threats.

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.

Key Points on BNS-32 (Exception to Criminal Liability Under Duress or Coercion)

BNS-32 provides an exception to criminal liability in situations where a person commits a crime because they are coerced or forced to do so under the threat of immediate death. This section ensures that individuals who are under extreme duress are not unjustly punished.

1. General Principle

  • The core idea of BNS-32 is that a person will not be considered guilty of committing a crime (except for murder or offenses against the State punishable by death) if they commit the act due to a threat of immediate death.
  • This provision recognizes that individuals may be forced to act against their will when their lives are in imminent danger.

2. Conditions for the Exception

  • Compulsion by Threats: The person must commit the crime because they were threatened with immediate death. The threat must be direct and credible, meaning the individual had a reasonable belief that failing to comply would result in their death.
  • Not Self-Placed in Situation: The individual should not have voluntarily put themselves in a position where they were likely to face such a threat. If a person places themselves in a risky situation where harm is foreseeable, but not immediate death, they cannot claim this exception.
  • Example: If someone commits a robbery because they are threatened with being killed immediately, and they had no reason to expect such a threat, they are not held criminally responsible.

3. Illustrative Example

  • Suppose someone is threatened with death if they don’t commit a crime (like a robbery). If they genuinely feared for their life and had no reasonable expectation that they would be in such a situation, they may not be criminally liable.
  • However, if the person put themselves in a dangerous situation where such threats were foreseeable (and the harm was not immediate death), they cannot use this exception as a defense.

4. Exclusions

  • Murder: This exception does not apply to acts of murder, no matter the threat faced.
  • Offenses Against the State Punishable by Death: It also does not cover crimes against the State that are punishable by death, such as treason.

Purpose of BNS-32:

The purpose of BNS-32 is to protect individuals who are forced into committing a crime due to extreme duress or threats of immediate death. It ensures that people who act out of fear for their own life are not unfairly penalized, as long as they did not put themselves in a situation where such threats were foreseeable or likely.

Conclusion:

BNS-32 provides legal protection for those who commit crimes because they were coerced by a credible threat of immediate death. However, it excludes situations involving murder or crimes against the State, and it also does not apply if the person willingly put themselves in a dangerous situation where such threats could be expected.

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