BNS Section 32: Act to which a person is compelled by threats
Bharatiya Nyaya Sanhita, 2023 · Chapter 3: General Exceptions
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32. 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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 14. Act done by a person bound, or by mistake of fact believing himself bound, by law
- 15. Act of Judge when acting judicially
- 16. Act done pursuant to judgment or order of Court
- 17. Act done by a person justified, or by mistake of fact believing himself justified, by law
- 18. Accident in doing a lawful act
- 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 20. Act of a child under seven years of age
- 21. Act of a child above seven and under twelve years of age of immature understanding
- 22. Act of a person of unsound mind
- 23. Act of a person incapable of judgment by reason of intoxication caused against his will
- 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated
- 25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- 26. Act not intended to cause death, done by consent in good faith for person’s benefit
- 27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
- 28. Consent known to be given under fear or misconception
- 29. Exclusion of acts which are offences independently of harm caused
- 30. Act done in good faith for benefit of a person without consent
- 31. Communication made in good faith
- 33. Act causing slight harm
- 34. Things done in private defence
- 35. Right of private defence of body and of property
- 36. Right of private defence against act of a person of unsound mind, etc
- 37. Acts against which there is no right of private defence
- 38. When right of private defence of body extends to causing death
- 39. When such right extends to causing any harm other than death
- 40. Commencement and continuance of right of private defence of body
- 41. When right of private defence of property extends to causing death
- 42. When such right extends to causing any harm other than death
- 43. Commencement and continuance of right of private defence of property
- 44. Right of private defence against deadly assault when there is risk of harm to innocent person