BNS Section 32: Act To Which a Person is Compelled By Threats

Section 32 BNS is part of CHAPTER 3 GENERAL EXEMPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It outlines an exception in criminal liability where a person commits an act under compulsion due to threats of instant death. This provision excludes serious offences like murder and crimes against the State punishable by death.

Legal provisions under this section recognises that actions done under severe duress are not offences if the individual reasonably believes they are facing immediate death. However, this protection does not apply if the person willingly placed themselves in such a situation or acted out of fear of harm less severe than instant death.

Definition of Section 32 Of BNS

Section 32 of BNS 2023 States: 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 and Illustration of Section 32 (Bharatiya Nyaya Sanhita, 2023)

Explanation 1: A person who willingly joins a gang of dacoits, even under the threat of being beaten, while being fully aware of the gang's criminal activities, cannot seek the protection of this exception by claiming they were compelled by their associates to commit an unlawful act.

Explanation 2: A person who is forcibly captured by a gang of dacoits and coerced, under the immediate threat of death, to commit an offence—such as a blacksmith being forced to use their tools to break open a house door to aid in the gang’s plunder—can claim the protection of this exception.

Disclaimer

The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS 32

This provision acknowledges that under certain circumstances, a person may not be held criminally responsible for an act committed due to threats, fear, or unlawful pressure from others. Below are the key points of BNS-32 that clarify the scope and application of this exception:

General Principle

Under BNS-32, an act is not considered an offence, except for murder and crimes against the State punishable by death, if the individual was compelled to act due to threats of immediate death.

This provision recognises circumstances where a person commits a crime under extreme pressure, such as direct threats to their life.

Conditions for the Exception

Compulsion by Threats:

The act must result from a threat that creates a reasonable fear of instant death

The threat must be immediate and credible enough to justify the individual’s actions.

Not Self-Created Situations:

The person claiming this exception must not have willingly placed themselves in a situation where such threats were likely

If the individual knowingly exposed themselves to harm, short of an immediate threat of death, they cannot invoke this exception.

Illustrative Example

If an individual is forced to commit a crime (e.g., robbery) under the threat of immediate death and has no prior intention or reason to anticipate such coercion, they are not held criminally liable.

However, if the person knowingly entered a situation where such threats were foreseeable, and the threat posed only reasonable harm but not instant death, the exception does not apply.

Differences Between Section 32 of BNS 2023 and its Equivalent IPC Section

This section outlines the key differences between Section 32 of the Bharatiya Nyaya Sanhita (BNS) 2023 and its equivalent Indian Penal Code (IPC section 94), focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
32	Act to which a person is compelled by threats.	94	No change.

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FAQs about Section 32 of the Bharatiya Nyaya Sanhita (BNS)

What are the exclusions under Section 32?

This provision does not apply to acts of murder or offences against the state punishable by death.

Does this section cover threats of harm other than instant death?

No, the exception is limited to threats of immediate death. Lesser threats, like physical harm, do not qualify.

What if someone voluntarily associates with criminals and faces threats?

If a person knowingly joins a criminal group and later faces threats, they cannot claim immunity under Section 32. For more information connect with lawyers today.

Can forced acts like burglary under duress be excused?

Yes, for instance, if someone is coerced to commit burglary under the threat of instant death, they may be exempted from liability under Section 32.

What is the objective of this section?

It aims to protect individuals coerced into illegal actions under extreme duress, ensuring fairness in criminal accountability.

Can someone forced by dacoits to commit a crime get protection under BNS Section 32?

Yes, if a person is forced by dacoits under the threat of instant death, they are eligible for protection under this section.