Question

A person X threatens another person Y to publish defamatory statements in a newspaper unless Y pays money. This amounts to

• A. undue influence
• B. coercion
• C. fraud
• D. unlawful detention

Hint:

For coercion, look for a threat of physical harm or a threat to commit any crime forbidden by the Indian Penal Code.
Since criminal defamation is an offense under the IPC, threatening it constitutes coercion!

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question is based on the Law of Contracts, specifically the concept of "Free Consent" under Section 15 of the Indian Contract Act, 1872.

Step 2: Key Concept or Approach:
Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake.
We need to determine which of these elements matches a scenario involving a threat of defamation.

Step 3: Detailed Explanation:

• Under

Section 15 of the Indian Contract Act, 1872, "Coercion" is defined as:
- Committing, or threatening to commit, any act forbidden by the Indian Penal Code (IPC), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.

• Let us analyze the facts:
- X threatens to publish defamatory statements against Y.
- Defamation is a criminal offense under Section 499 and 500 of the IPC.
- Extortion (demanding money under threat) is also an offense under Section 383 of the IPC.
- Since X is threatening to commit acts forbidden by the IPC to force Y to pay money (enter an agreement), this satisfies the definition of Coercion.

• Let us evaluate other options:
-

Option (A) Undue Influence: Requires a subtle psychological dominance or fiduciary relationship, which is absent here.
-

Option (C) Fraud: Involves deception or active concealment of facts, not open threats.
-

Option (D) Unlawful Detention: Involves physical confinement of a person or property, which does not apply here.

• Therefore, Option (B) is the most legally appropriate answer.


Step 4: Final Answer:
The threat to publish defamatory statements to extract money constitutes coercion, which corresponds to Option (B).