Report No. 42
22. Substitution of new section for section 94.-
For section 94 of the Code, the following section shall be substituted as section 56, namely.-
"56. Compulsion by threats.- 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 or grievous bodily harm, either to that person or to any near relative of that person present when the threats are made, 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 or grievous bodily harm, place himself in the situation by which he became subject to such constraint.
Explanation.- In this section.-
(a) 'near relative' means parent, spouse, son or daughter;
(b) 'grievous bodily harm' means hurt of the description specified in the first two clauses of section 320.
(a) 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.
(b) A smith seized by a gang of dacoits and forced, by threat of instant death or grievous bodily harm, 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."