Question

Except for murder and some offences against State, a person may claim defence when she is compelled by threat of

• A. Instant loss of property
• B. Instant grievous hurt
• C. Instant death
• D. Any of the above

Hint:

Remember the two key aspects of Section 94: 1. The Threat: Must be of INSTANT DEATH. 2. The Exceptions: Not applicable to MURDER and capital offences against the STATE.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks about the nature of the threat required to successfully claim the defence of compulsion or duress under Indian criminal law.

Step 2: Key Concepts and Approach:
The defence of compulsion is codified in Section 94 of the Indian Penal Code, 1860. The solution requires a careful reading of the conditions laid down in this section.
Section 94 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..."

Step 3: Detailed Explanation:

• The Nature of the Threat: The section is very specific and strict about the threat. It must be a threat that causes a reasonable fear of "instant death."
• Analyzing the Options:
- (A) Instant loss of property: This is not a sufficient threat to excuse a criminal act.
- (B) Instant grievous hurt: While serious, the law does not recognize this as a sufficient threat for this defence. The threat must be of death itself.
- (C) Instant death: This is the exact requirement specified in Section 94. The threat must be of immediate and fatal violence.

• Exceptions to the Defence: The opening words of the section clearly state that this defence is NOT available for the offence of murder and for offences against the State that are punishable with death (e.g., waging war).
• Voluntary Exposure: The defence is also not available to a person who voluntarily or from a reasonable fear of harm short of instant death joins a gang of dacoits, knowing their character.

Step 4: Final Answer:
A person can claim the defence of compulsion only when they are compelled to commit a crime by a threat that reasonably causes an apprehension of instant death.