Code: Section 32 BNS
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.
Explanation of Section 32 BNS
Section 32 BNS provides an exception to criminal liability when a person is forced to commit an offence under the threat of instant death. However, this exception does not apply to murder and offences against the State punishable with death.
Key Provisions of Section 32 BNS
- Exception to Criminal Liability
- If a person commits an offence under immediate threat of death, they are exempt from punishment.
- The threat must cause reasonable apprehension of instant death.
- Limitations of the Exception
- It does not apply to murder or offences against the State punishable with death.
- The accused must not have voluntarily placed themselves in such a situation.
- Illustrations (Explanations in the Code)
- Joining a Gang of Dacoits: A person who voluntarily joins a gang of criminals cannot later claim the exception if forced to commit crimes.
- Forced by Dacoits: If a person is captured and compelled under threat of death to assist in a crime, they can claim this exception.
Illustrations
Example 1: A Person Forced to Steal at Gunpoint
A shopkeeper is held at gunpoint and forced to open the cash register for robbers. Since he acted under the immediate threat of death, he may claim the benefit of Section 32 BNS.
Example 2: A Kidnapped Driver Forced to Assist Criminals
A taxi driver is kidnapped by armed robbers and forced to drive them to a crime scene. If he does so under fear of instant death, he may be exempt from criminal liability.
Example 3: A Gang Member Committing a Crime Under Threat
A man voluntarily joins a gang of dacoits but is later threatened to participate in a robbery. Since he willingly became part of the gang, he cannot claim the protection of Section 32 BNS.
Common Questions and Answers on Section 32 BNS
1. Can a person claim protection under Section 32 BNS if threatened with physical harm but not death?
No, the threat must cause reasonable apprehension of instant death. A mere threat of harm, such as beating, does not qualify.
2. Does this exception apply if the person voluntarily put themselves in danger?
No, if a person knowingly placed themselves in a situation where they could be forced to commit a crime, they cannot claim this exception.
3. What happens if a person is forced to commit murder under threat of death?
The exception does not apply to murder. Even if a person is forced to kill someone under threat, they will still be held criminally liable.
4. What if a person is kidnapped and forced to commit a crime?
If a person is captured and forced to commit an offence under threat of instant death, they may claim protection under Section 32 BNS.
5. Is there any judicial precedent supporting this section?
Yes, Indian courts have interpreted similar provisions under the IPC. Cases involving coercion and duress are evaluated on the immediacy of the threat and the nature of the crime.
Conclusion
Section 32 of the Bharatiya Nyaya Sanhita (BNS) provides protection in cases where a person is compelled to commit an offence under immediate threat of death. However, it does not apply to murder or State offences punishable with death. Courts carefully examine the circumstances to determine whether the exception applies.
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