Indian criminal law | General exceptions

IPC Section 94 and BNS Section 32: Act Compelled by Threats

Section 94 of the Indian Penal Code, 1860 (IPC) addressed acts committed under threats of instant death. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 32. The exception is narrow: it does not excuse murder or offences against the State punishable with death.

Current legal position: The BNS came into force on 1 July 2024. Section 32 is the corresponding provision for conduct governed by the BNS. The IPC remains relevant to earlier conduct and proceedings as governed by applicable repeal, saving and transition provisions.

Meaning and scope of compulsion by threats

Compulsion by threats, sometimes called duress, concerns a person who commits an otherwise criminal act because a threat reasonably creates fear that the person will be killed immediately unless the act is done. The law requires more than pressure, fear of injury, economic loss or a threat of future harm.

Section 94 IPC: statutory rule and explanations

Operative rule. Except for murder and offences against the State punishable with death, an act done under threats is not an offence when those threats, at the time of the act, reasonably cause apprehension of instant death if the person refuses.

Proviso. The person must not have voluntarily placed themselves in the situation of constraint, or entered it because of fear of harm falling short of instant death.

Explanation 1. Someone who voluntarily joins a gang of dacoits, knowing its character, or joins merely because of a threat of being beaten, cannot invoke this exception for offences compelled by the gang.

Explanation 2. A person seized by dacoits and forced under threat of instant death to assist in a crime may invoke the exception. The statutory example is a smith forced to break open a house door to facilitate plunder.

The provision above restates the substantive rule and preserves both statutory explanations. For the authoritative enacted wording, consult the official BNS text published by the Bureau of Police Research and Development and the NCRB BNS section index.

BNS Section 32: corresponding current provision

Section 32 of the Bharatiya Nyaya Sanhita, 2023 is titled Act to which a person is compelled by threats. It substantially carries forward the rule, proviso and both explanations in IPC Section 94. It is a general exception rather than a separate offence or a provision prescribing punishment.

Issue	IPC Section 94	BNS Section 32
Subject	Act compelled by threats	Act compelled by threats
Required danger	Reasonable fear of instant death	Reasonable fear of instant death
Excluded offences	Murder and offences against the State punishable with death	Same exclusions
Voluntary exposure to coercion	Exception restricted by proviso	Same restriction
Legal context	Earlier IPC regime and saved matters	BNS regime effective 1 July 2024

Conditions for claiming the exception

Actual compulsion: the act must have been done because of threats, not simply from convenience or voluntary cooperation.
Immediate danger: at the time of the act, the threats must reasonably create apprehension of instant death to the person acting.
No excluded offence: the act cannot be murder or an offence against the State punishable with death.
No voluntary entry into the predicament: the accused must satisfy the statutory proviso concerning how they came under the constraint.
Evidence and context: the circumstances, timing, nature of threats and conduct of the parties matter in evaluating whether the exception applies.

Statutory examples explained

Example 1: voluntary association with dacoits

A person knowingly joins a gang of dacoits, either willingly or to avoid being beaten. If the gang later compels that person to commit an offence, the person cannot rely on the exception merely because the gang threatened them. This is the first statutory explanation.

Example 2: smith forced to open a door

A smith is seized by dacoits and threatened with instant death unless the smith uses tools to force open a house door so the gang can enter and plunder. The second statutory explanation says the smith is entitled to the exception, subject to the stated facts.

Important limitations

The exception is not a general defence for every act committed under fear. Threats of beating, reputational damage, property loss or possible future death do not, without the statutory requirement of reasonable apprehension of instant death, satisfy this provision. The precise offence and facts must also be considered.

Frequently asked questions

Does Section 94 IPC still apply after 1 July 2024?

The BNS replaced the IPC as the principal substantive criminal code from 1 July 2024, but the IPC may continue to matter for earlier conduct and saved proceedings. The relevant date and transition provisions must be checked.

What is the BNS equivalent of IPC Section 94?

Section 32 of the Bharatiya Nyaya Sanhita, 2023.

Can fear of serious injury alone justify an offence under this section?

No. The statutory exception requires threats reasonably causing apprehension of instant death at the time of the act, subject to its other conditions.

Does this exception apply to murder?

No. Murder is expressly excluded, as are offences against the State punishable with death.

Official legal references

Disclaimer: This article provides general legal information, not advice for a particular case. Verify the applicable law and amendments against official sources.