Section 32 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 32 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the legal defense of compulsion by threats, providing an exception to criminal liability under specific circumstances.
๐ Text of Section 32
Section 32 โ 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.โA 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.โA 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.
โ๏ธ Legal Context and Comparison with IPC
Section 32 of the BNS is akin to Section 94 of the Indian Penal Code (IPC), 1860, which provides a similar defense for acts done under compulsion by threats. However, the BNS introduces a more structured framework by specifying the conditions under which this defense is applicable, such as the threat of instant death and the exclusion of certain serious offenses like murder and crimes against the State punishable by death.
๐ง Application and Judicial Interpretation
Section 32 acknowledges that individuals may commit acts under extreme duress, where the threat of immediate death compels them to act against their will. This provision ensures that such individuals are not unjustly penalized for actions taken under compulsion. However, the defense is not available if the person voluntarily placed themselves in a situation where they could reasonably foresee the threat of harm.
For instance, if an individual is coerced into committing a crime under the threat of immediate death, and they had no reasonable means of avoiding the situation, they may invoke this defense. Conversely, if the individual had prior knowledge of the potential for harm and voluntarily placed themselves in that situation, the defense would not apply.
๐งพ Summary
Section 32 of the BNS, 2023, provides a legal defense for individuals who commit acts under the compulsion of threats, specifically threats of immediate death. While this defense acknowledges the impact of extreme duress on an individual's actions, it excludes certain serious offenses and requires that the individual did not voluntarily place themselves in the situation leading to the threat. This provision aims to balance the need for justice with the recognition of human vulnerability under severe pressure.
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