BNS Section 32 - Act To Which A Person Compelled By Threats

The Bharatiya Nyaya Sanhita (BNS) replaces India's former criminal code and makes a significant provision in Section 32 of offering a powerful defence against criminal liability for conduct that is compelled by the threat of imminent death. Section 32 anticipates that when a person is confronted with an imminent and credible life-threatening stomach threat, the person can act even if their acts constitute an offence. However, the defence is not unfettered and contains specific exclusions, principally that there would not be a defence for murder and for an offence against the State punishable by death. BNS Section 32 is a clear acceptance of the instinct for self-preservation when confronted with a life-threatening peril. Also, BNS Section 32 is no less than a direct successor and equivalent to Section 94 of the Indian Penal Code (IPC), which continued this important principle of duress defence in India's criminal law system under an entirely new legislative schema.

In this article, you will read about:

• Simplified Explanation Of BNS Section 32.
• Key Details.
• Practical Examples Illustrating BNS Section 32.

Legal Provision

Section 32 of the BNS ‘Act, to which a person is compelled by threats, 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 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 1: A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law.

Explanation 2: A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

Simplified Explanation Of BNS Section 32

BNS Section 32 provides a legal excuse for committing a crime if you were forced to do it by a direct and immediate threat of death. Imagine someone pointing a gun at your head and telling you to steal something, or they will shoot you right then and there. In such a situation, if you commit the theft, this law might protect you from being punished for it.

However, there are very important conditions:

• Threat of Instant Death: The threat must be real and immediate, meaning you reasonably believed you would be killed right then and there if you didn't do what you were told. A general fear of future harm or a threat of something less than death is usually not enough.
• Compulsion: You must have been genuinely forced to commit the act because of this threat. Your will should have been overborne by the fear of instant death.
• Exclusions: This defense does not apply to murder. Even if someone threatens to kill you unless you kill another person, you cannot use this as a legal excuse for committing murder. It also does not apply to offenses against the State punishable with death, such as treason or certain acts of terrorism. The law places a higher value on the life of an innocent person and the security of the State in these extreme cases.
• No Voluntary Placement in Danger: The law also states that you cannot willingly put yourself in a situation where you are likely to be subjected to such threats. For example, if you knowingly join a criminal gang, you can't later claim you were forced by them to commit crimes under threat of death from your own gang members.

For those who commit crimes under the most severe kind of duress—a real and imminent threat of death—BNS Section 32 essentially provides a limited "safety net" as long as they did not voluntarily enter that dangerous situation and the offense was not murder or a capital offense against the State.

Key Details

Practical Examples Illustrating BNS Section 32

A few such examples are:

Dacoit Gang (No Defense)

A person agrees to become a dacoit, knowing they are criminals, either of their own choice or because they were threatened with being beaten (note that it is not serious enough to warrant a threat of immediate death). If the individual was later forced to commit robbery (an offense) by other dacoits, they cannot raise the defence of BNS Section 32, as they willingly entered a situation to which compulsion would be foreseeable.

Forced Assistance (Valid Defense)

A blacksmith is taken captive by a gang of robbers who threaten to immediately murder the blacksmith if he does not use his tools to break down the door of the house, which the robbers intend to rob. While under the immediate threat of death, the blacksmith obeys. In this circumstance, the blacksmith can rely on the defence under BNS Section 32, as he was forced to commit an offence under a reasonable apprehension of immediate death, and he did not willingly place himself in that position.

Key Improvements And Changes: IPC Section 94 To BNS Section 32

There are no substantive changes in the wording or the core legal principle between IPC Section 94 and BNS Section 32. The only alteration is the section numbering within the new legislative framework of the Bharatiya Nyaya Sanhita. Therefore, instead of identifying "improvements and changes," it is more accurate to state that BNS Section 32 represents a direct continuation and renumbering of the existing IPC Section 94. This continuity ensures that the well-established legal principle regarding the defense of compulsion by threats of instant death is maintained under the new criminal code.

Conclusion

BNS Section 32, similar to IPC Section 94, provides a significant but narrow defense in criminal law. It allows for a person under life threatening duress - who is confronted with an immediate threat of death - to potentially escape liability based on the overwhelming pressures faced (with the exception of murder and capital crimes against the State) and then confine liability on the unreasonable apprehension of instant death as well as self-induced 'situation.' The descriptions also give some useful guidance as to what falls within the ambit of the defence.

In recognizing that a person born of necessity could commit an unlawful act and avoid liability under duress aided by the BNS, the Indian legal system upholds the dignity of human life and the security of the State, while recognizing the limitations and boundaries of human agency when dealing with extreme coercion.

FAQs

A few FAQs are:

Q1. Why was IPC Section 94 revised and replaced with BNS Section 32?

IPC Section 94 was not substantively revised. The enactment of the Bharatiya Nyaya Sanhita (BNS) is a comprehensive overhaul of India's criminal laws, replacing the IPC. As part of this process, all existing provisions of the IPC have been re-codified and renumbered within the BNS. BNS Section 32 is simply the new designation for the same legal principle previously articulated in IPC Section 94.

Q2. What are the main differences between IPC Section 94 and BNS Section 32?

There are no substantive differences in the wording or the legal principle between IPC Section 94 and BNS Section 32. Both sections contain the same main provision and explanations. The only difference is the change in section number.

Q3. Is BNS Section 32 a bailable or non-bailable offense?

BNS Section 32 does not define an offense itself. It provides a defense against liability for acts that might otherwise be offenses. Therefore, the question of bailability is not directly applicable to this section. The bailability of the underlying act committed under duress would depend on the nature and severity of that act as defined in other sections of the BNS and the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new code replacing the Code of Criminal Procedure.

Q4. What is the punishment for an offense under BNS Section 32?

BNS Section 32 does not prescribe a punishment. It provides a defense against criminal liability. If the conditions of Section 32 are met, no offense is deemed to have been committed under this specific provision. The punishment would be relevant only if the act falls outside the scope of this defense and constitutes an offense under other sections of the BNS.

Q5. What is the fine imposed under BNS Section 32?

Similar to punishment, BNS Section 32 does not impose a fine. It provides a defense against criminal liability. Any fine would be associated with the specific offense committed under other sections of the BNS if the protection of Section 32 does not apply.

Q6. Is the offense under BNS Section 32 cognizable or non-cognizable?

Again, BNS Section 32 does not define an offense. It provides a defense against liability. The cognizability (whether the police can arrest without a warrant) of the underlying act committed under duress would depend on the nature of that act as defined in other sections of the BNS and the Bharatiya Nagarik Suraksha Sanhita (BNSS). The principles of Section 32 would be considered when determining if that act constitutes an offense in the first place.

Q7. What is the BNS Section 32 equivalent of IPC Section 94?

BNS Section 32 is the direct and exact equivalent of IPC Section 94. They contain the same wording, explanations, and establish the same legal principle regarding the defense of compulsion by threats of instant death. The only change is the section number within the new Bharatiya Nyaya Sanhita.