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Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions

Section 32: Act to which a person is compelled by threats

Earlier law: IPC section 94 (Act to which a person is compelled by threats)

In plain words

An act done because of threats that reasonably make the person fear instant death is not an offence. This defence never applies to murder or to offences against the State that are punishable with death.

  • The defence is lost if the person put themselves in that situation voluntarily, or to avoid lesser harm.
  • Someone who willingly joins a gang of dacoits knowing what they are cannot use this defence.
  • Someone seized by dacoits and forced at the threat of instant death to break open a door can use it.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 32

No Supreme Court judgment in our database cites this section yet.