Section 32 of BNS: Legal Exception for Acts Done Under Threat of Immediate Death

Section 32 provides a legal exception for individuals who are compelled by threats to commit an act that is otherwise an offence — except for murder or offences against the State punishable with death — if the threat reasonably causes fear of immediate death.

Key Provisions:

General Exception for Threat-Induced Acts:

If a person is compelled by a threat that would reasonably cause fear of instant death, and

The person did not voluntarily place themselves in that threatening situation,

Then the act is not an offence.

Exception Does Not Apply To:

Murder

Offences against the State punishable with death

Voluntary Association Nullifies Protection:

If a person joins criminals or dangerous groups knowingly, and is later compelled to commit crimes, they cannot claim protection under this section.

Explanations:

Explanation 1:
A person who joins a gang of dacoits knowing their criminal intent cannot claim that he acted under compulsion, even if threatened.
Example: Joining a gang due to fear of being beaten and then helping them rob — no protection under this section.

Explanation 2:
A person who is forcefully seized by a gang and compelled to assist them under threat of immediate death (e.g., a blacksmith forced to break a door open for a robbery) is protected under this section.

How It Protects:

Recognizes human instinct for self-preservation under threat of death.

Provides protection to those who act not by choice but under duress.

Maintains balance by excluding grave offences like murder or treason from the exception.