Introduction of BNS Section 32
BNS Section 32 of the Bharatiya Nyaya Sanhita (BNS) deals with acts committed under the threat of instant death. This provision ensures that individuals who are forced to commit certain acts out of fear for their lives are not punished, except in cases of murder or serious crimes against the State. By replacing Section 94 of the Indian Penal Code (IPC), BNS 32 modernizes the law and provides clarity on how compulsion by threats is treated under criminal law in India. Understanding this section is crucial for lawyers, students, and citizens who want to know their legal rights and protections in extreme situations.
The Bharatiya Nyaya Sanhita (BNS) Section 32 replaces the old Indian Penal Code (IPC) Section 94.
What is section 32 of BNS ?
BNS Section 32 provides protection for individuals who commit crimes because they are under the threat of immediate death. This section does not apply to murder or serious crimes against the state. The law recognizes that if someone acts out of fear for their life, they should not be punished, as long as they did not willingly place themselves in that situation.
BNS Section 32 in Simple Points
“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 place himself in the situation by which he became subject to such constraint.”
This provision corresponds to IPC Section 94 (Act to which a person is compelled by threats).
1. Meaning of Section 32
BNS Section 32 protects individuals who are forced to commit unlawful acts due to immediate threats of death. If a person commits an act because they reasonably fear being killed instantly, the law excuses them. However, there are clear exceptions — murder and serious crimes against the State punishable with death.
2. Purpose of Section 32
The main objectives of this section are:
- To recognize human instinct for survival when threatened with death.
- To excuse unlawful acts committed under duress (compulsion).
- To prevent misuse of the law by excluding grave crimes like murder or treason.
- To protect innocent victims of coercion while still upholding justice.
3. Essential Ingredients of Section 32
For protection under this section, these conditions must be met:
- Compulsion by Threats → The act must be forced by threats of instant death.
- Immediate Danger → The threat must be so urgent that there is no time to escape or seek help.
- Exclusion for Murder & State Offences → Protection does not apply to murder or capital offences against the State.
- No Voluntary Exposure → The person must not have willingly put themselves in a situation where coercion was likely.
- Reasonable Apprehension → The person must have genuinely and reasonably believed that refusing would result in instant death.
4. Punishment under BNS Section 32
- No Punishment → If all conditions are satisfied, the person will not face criminal liability.
- Exceptions Apply → Murder and serious offences against the State will still attract punishment, even if committed under threats.
- Civil Liability → In rare cases, compensation or civil accountability may remain, but criminal punishment is excused.
5. Examples of BNS Section 32 in Action
Example 1 – Kidnapping & Threat
A gang kidnaps a shopkeeper and threatens to kill him instantly unless he opens the safe. He complies. → The shopkeeper is protected under Section 32.
Example 2 – Forced to Murder
A person is forced at gunpoint to kill someone, under threat of being killed himself. → The act is not excused since murder is excluded.
Example 3 – Crimes Against State
A spy is threatened with immediate death unless he discloses military secrets. He complies. → The law does not protect him, as this is a grave State offence.
Example 4 – Voluntary Criminal Association
A man voluntarily joins a gang of dacoits. Later, he claims he was forced to help in a robbery under threat of death. → No protection, because he placed himself in danger voluntarily.
Example 5 – Forced Labor Under Threat
A blacksmith is held at gunpoint and ordered to break a lock during a robbery. → He is protected, since his act was compelled under instant death threats.
6. Importance of BNS Section 32
- Safeguards individuals from being punished for acts committed under extreme duress.
- Encourages fairness in the criminal justice system by acknowledging lack of free will.
- Prevents misuse by restricting protection in cases of murder or treason.
- Balances justice and compassion, ensuring the truly innocent are not punished.
- Continues the principle of IPC Section 94 with modern clarity.
Section 32 BNS Overview
BNS Section 32 is a law that protects individuals who are forced to commit certain acts under the threat of instant death. It acknowledges that sometimes people may not have a choice but to comply with demands that are illegal when faced with immediate danger to their lives. However, this protection is not extended to cases involving murder or offenses against the state.
10 Key Points of BNS Section 32
- Act Compelled by Threats: This point means that if a person is forced to commit a crime because they are being threatened with immediate death, they may not be guilty of the crime. For example, if a person is kidnapped and threatened with death unless they steal money from a bank, the law might protect them because they were acting out of fear for their life.
- Exception for Murder and Serious Crimes: The law does not excuse someone from committing murder or serious crimes against the country, even if they are threatened with death. For instance, if a person is forced at gunpoint to kill someone else, they cannot use this law to avoid punishment because murder is too serious to be excused, even under threat.
- No Protection for Voluntary Association with Criminals: If someone joins a criminal group voluntarily, knowing what they might be forced to do, they cannot claim protection under this law. For example, if a person willingly joins a group of robbers and later claims they were forced to participate in a robbery, the law won’t protect them because they chose to be part of that group.
- Protection for Forced Acts: If a person is genuinely forced to commit a crime due to the threat of instant death, and they had no way of escaping or avoiding the situation, they might be protected by this law. For example, if a shopkeeper is threatened by armed robbers to hand over money or be killed, the law protects the shopkeeper from being charged with theft.
- Conditions for Protection: The law only offers protection if the person didn’t willingly put themselves in a dangerous situation. If they did, they lose this protection. For instance, if someone gets involved with criminals because they think they might gain something from it, and then later claims they were forced to do something illegal, the law doesn’t protect them.
- Understanding “Compelled by Threats”: This point emphasizes that the threat must be serious enough to make a person believe that they would be killed if they didn’t comply. For example, if someone is threatened with a weapon and forced to drive a getaway car for criminals, they might be protected by the law because they acted out of fear for their life.
- Exclusion of Pre-Planned Situations: The law does not protect individuals who placed themselves in a risky situation on purpose. For example, if someone joins a criminal gang to make money and later claims they were forced to commit crimes, the law won’t consider their excuse valid.
- Scope of Protection: The protection applies only to situations where the threat is immediate and unavoidable. For instance, if someone is forced to commit a crime because they are being threatened with death right then and there, the law might protect them. However, if the threat is not immediate, the protection doesn’t apply.
- Good Faith Effort to Avoid Harm: The person claiming protection must have made a genuine effort to avoid committing the crime. For example, if someone tried to escape or get help before being forced to commit the crime but couldn’t, the law might protect them.
- Legal Limitations: The law has strict limitations, meaning it only applies in specific, extreme cases. It’s not a general excuse for all crimes. For example, if someone is forced to break into a house under threat of instant death, the law might protect them, but it won’t protect someone who willingly engages in criminal activity.
Comparison: BNS Section 32 vs IPC Section 94
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 32 | Protects a person from criminal liability if an act is done under compulsion of threats that reasonably cause the fear of instant death. Exception: the person cannot claim this protection for committing murder or offences against the State punishable with death. | No criminal punishment if protection applies. However, if the act involves murder or treason against the State, normal penalties apply. | Not directly defined – depends on the underlying offence if protection does not apply. | Cognizability depends on the underlying offence when exemption is not available. | Tried by ordinary criminal courts if offence exists; otherwise, no trial required. |
| IPC Section 94 (Old) | Similar protection under IPC for acts done under compulsion of threats inducing the fear of instant death. Exception: no protection for murder or offences against the State punishable with death. | No punishment when protection applies. If the exception applies, full IPC penalties are enforced. | Not specified – bailability depends on the underlying IPC offence if the defence is not available. | Cognizability depends on the nature of the substantive offence under IPC if defence does not apply. | Tried by ordinary criminal courts under IPC, if offence exists. |
BNS Section 32 FAQs
What does BNS Section 32 cover?
BNS Section 32 covers acts committed under the threat of immediate death. It provides legal protection for those who are forced to commit crimes because they fear for their lives.
Are there any crimes that are not protected under BNS Section 32?
Yes, BNS Section 32 does not provide protection for murder or serious crimes against the state, even if committed under threat of death.
Can someone who voluntarily joins a criminal group claim protection under this law?
No, if someone voluntarily joins a criminal group and later claims they were forced to commit a crime, they cannot use this law as a defense.
What if someone is threatened with death but doesn’t commit a crime?
If someone is threatened with death but does not commit any crime, BNS Section 32 does not apply since it only concerns acts that were actually carried out under duress.
Does this section apply to all crimes committed under duress?
BNS Section 32 specifically applies to crimes committed under the threat of immediate death, with exceptions for murder and serious offenses against the state.
Conclusion
BNS Section 32 plays a vital role in safeguarding individuals who are forced to act under the threat of immediate death. While it protects victims of coercion, it also draws clear boundaries by excluding murder and serious offenses against the State. This ensures a balance between justice and compassion in extreme situations. By understanding Section 32 of the Bharatiya Nyaya Sanhita, one can better appreciate how Indian law distinguishes between genuine compulsion and voluntary criminal behavior.
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Finished with BNS Section 32 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 32 : Act to which a person compelled by threats.
- https://marriagesolution.in/bns_section/bns-32/
- BNS 33 : Act causing slight harm.
- https://marriagesolution.in/bns_section/bns-33/
- BNS 34 : Things done in private defence.
- https://marriagesolution.in/bns_section/bns-34/
- BNS 35 : Right of private defence of the body and of property.
- https://marriagesolution.in/bns_section/bns-35/
- BNS 36 : Right of private defence against the act of a person with mental illness, etc.
- https://marriagesolution.in/bns_section/bns-36/
- BNS 37 : Acts against which there is no right of private defence.
- https://marriagesolution.in/bns_section/bns-37/
- BNS 38 : When the right of private defence of the body extends to causing death.
- https://marriagesolution.in/bns_section/bns-38/
- BNS 39 : When such right extends to causing any harm other than death.
- https://marriagesolution.in/bns_section/bns-39/
- BNS 40 : Commencement and continuance of the right of private defence of the body.
- https://marriagesolution.in/bns_section/bns-40/
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Full IPC Section List: https://marriagesolution.in/ipc-section-list