Section 32 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 32 of the Bharatiya Nyaya Sanhita (BNS), 2023, titled "Act to which a person is compelled by threats," provides a legal exception to criminal liability when an individual commits an offense under the compulsion of threats that reasonably cause the apprehension of instant death. This provision acknowledges that under extreme duress, a person may act out of necessity to preserve their own life.
Key Provisions of Section 32
General Principle:
An act is not considered an offense if it is done by a person who is compelled to do it by threats that, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence.
Exceptions:
This exception does not apply to offenses involving murder.
It also does not apply to offenses against the State punishable with death.
Conditions for the Exception:
The person doing the act must not have placed themselves in the situation by their own accord or from a reasonable apprehension of harm to themselves short of instant death.
Explanations:
Explanation 1:
A person who, of their 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 having been compelled by their associates to do anything that is an offense 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 offense 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.
Illustrative Example
If an individual is forced by armed robbers to open a safe under the threat of immediate death, and they comply, they may be protected under this section, provided they did not voluntarily place themselves in such a situation.
Legal Implications
Section 32 aligns with the principle that criminal liability should not attach to individuals who act under duress, particularly when faced with the threat of immediate death. However, it carefully delineates the scope of this defense, excluding serious offenses such as murder and crimes against the State punishable by death. Additionally, it ensures that individuals who voluntarily place themselves in situations where they are likely to be coerced into committing offenses cannot claim this exception.
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