Bharatiya Nyaya Sanhita, 2023
Section 32
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.
Why this exists
This provision continues the concept from the old Indian Penal Code (Section 94) that criminal law should not punish someone who had no real choice because their own life was in immediate danger. It reflects a basic principle of justice: the law expects courage and resistance, but not superhuman self-sacrifice, except in the gravest crimes like murder or treason-level offences, where society's protection outweighs personal survival instinct.
How courts read it
Indian courts, interpreting the identical provision under the earlier Penal Code, have held that the threat must be of instant death — not future harm, financial loss, or injury short of death — and must exist at the very moment the act is done. Courts have also emphasized that a person who voluntarily joins a criminal gang (like dacoits) cannot later claim protection under this exception, as clarified by Explanation 1. Judicial decisions have distinguished cases like a kidnapped person forced under a knife (protected) from someone who chose risky company and then claims compulsion (not protected).
Common misconceptions
- Myth: Any threat or pressure can excuse a crime under this section.
Fact: Courts require the threat to be of instant death, existing at the very moment of the act — fear of future harm, injury, or loss does not qualify. - Myth: This defense can excuse murder if someone was threatened.
Fact: The provision expressly excludes murder and offences against the State punishable with death — these can never be excused this way. - Myth: Someone who joins a criminal gang can later claim they were forced to commit crimes by their fellow members.
Fact: Explanation 1 makes clear that voluntarily joining a gang, knowing its criminal nature, removes this defense even if later threatened by associates.