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Report No. 156

3. Compulsion by threats.-

Due to increase in crime by the underworld dons there has become a constant threat to the security of life and property of innocent citizens. With the result many accused go scot free because of non availability of evidence of witnesses of the crime because of threat met out to such persons not to open up their mouth. Such witnesses are even compelled to speak falsely under duress. The defence of duress is now limited to threat of instant death to the person compelled.

But it is necessary to examine whether such defence or duress should be extended to threat to instant death or grievous bodily harm to the person compelled or to his near relatives. In view of this it needs consideration whether section 94 should be redrafted to include harm to near relatives like parents, spouse, son or daughter and that a person threatened with such harm be permitted to plead duress as an excuse in the same way as a person threatened with death. Similarly the present restriction on the right of private defence in cases where there is time to have recourse to the protection of the public authorities, should be considered for omission.

The Indian Penal Code Back

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