Posted February 1, 2014 by advocateguru in Learning Centre
 
 

Coercion

“Coercion” is the committing or threatening to commit, any act forbidden by the Indian Penal Code (45 of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.

 

Explanation: It is immaterial whether the Indian Penal Code (45 of 1860) is or is not in force in the place where the coercion is employed.

 

Illustrations

A, on board an English ship on the high seas, causes B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code (45 of 1860). A afterwards sues B for breach of contract at Calcutta. A has employed coercion, although his act is not an offence by the law of England, and although section 506 of the Indian Penal Code (45 of 1860) was not in force at the time when, or at the place where the act was done.

 

A threat of criminal prosecution is not an act forbidden by IPC hence not a coercion. But a threat to file a false charge is forbidden by IPC and therefore amount to coercion.

 

Similarly threat to commit suicide is not punishable under the IPC but any consent obtained under this threat amounts to coercion.


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