Compulsion as a General Defence | Section 32 of BNS 2023 | College Tutor Law
Автор: Law by Soumya
Загружено: 2025-08-26
Просмотров: 150
Описание:
Compulsion as a General Defence under Section 32 of Bharatiya Nyaya Sanhita (BNS) 2023 is an important general exception in criminal law. This provision protects a person who commits an offence under the fear of instant death. The law recognizes that in situations where a person has no free will and is forced to act, punishing him would be unjust.
🔹 Key Points of Section 32 BNS:
If a person commits an offence due to threats of immediate death, he is not criminally liable.
But this defence cannot be taken in two cases:
Murder
Offences against the State punishable with death
🔹 Illustration:
If “A” is threatened at gunpoint to steal property, and he commits theft to save his life, he can claim the defence of compulsion. But if “A” is forced to kill an innocent person, this defence will not apply.
⚖️ Rationale:
This provision balances the instinct of self-preservation with society’s interest in preventing grave crimes. While the law excuses minor offences committed under threat, it does not allow justification for heinous acts like murder or treason.
📌 This topic is very useful for law students, judiciary exams, UPSC law optional, and competitive exams, as it explains how criminal liability is excused under extreme compulsion.
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