1. S. 94 :
Acts to which a person is compelled by threat
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 time of doing it,
reasonably cause the apprehension that instant
death to that person will otherwise be the
consequence
Provided that : he is not doing that thing on his
own accord, or
Put himself in such situation
2. Explanation 1 :- a person who of his own accord
or by reason of 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
3. 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,
e.g. a smith compelled to take his tools and to
force the door of a house for the dacoits to enter
and plunder (rob, loot) it, is entitled to the
benefit of this exception.
Acts done under duress : Pressure / coercion /
compulsion
Actus ne invito factus est nisi actus
An act which is done by me, against my will is not
my act, hence I am not responsible for it
4. Defence u/s 94 is subject to two exceptions :
1. Murder , 2. Waging war against the Govt. of India;
Punishable with death,
No compulsion can be pleaded as defence to a criminal
charge
Based on that : no one has right to take another’s life in
order to save his own life
Scope of s. 94 – ingredients must be proved:
1. Apprehension must be reasonable (not voluntarily
sought)
2. Threat of instant death, accused has no option
3. Threat must confined to person himself
4. Presence of threatner
5. S. 95
Acts causing slight harm
Nothing is an offence by reason that intended or
known, is of so slight that no person of ordinary
sense and temper would complain of such harm
Object : to prevent penalisation of negligible
wrongs or offences of trivial nature
Law will not take notice of trifles, i.e. de minimis
non curat lex;
The parties are allowed to settle such petty
matters between themselves outside the court
6. Harm – not defined in IPC; It can be physical,
mental or bodily injury, harm to mind or
reputation or property, financial
Of the Right of Private Defence (96 to 106)
S. 96 – things done in private defence :
nothing is an offence which is done in the exercise
of the right of private defence
Self help is first rule of criminal law
Right of private defence is absolutely necessary
for protection of life, liberty, property person
7. Object :- based on two cardinal principles :
1. Everyone has the right to defend his own body
and property, as another’s body and property,
2. The right can not be applied as a pretence for
justifying aggression for causing harm to
another person, nor for causing more harm
than is necessary to inflict for the purpose of
defence
3. The right is essentially of defence; not of
retribution
8. The idea of private defence is based on natural
instinct of self preservation
Right to protect one’s own person and property
against unlawful aggression of others
It is a right inherent in man and based on the
fundamental principle that it is the first duty of
man to help himself
Law does not expect person to run away; but if
he stands fast and defends himself by counter
attack to assailants for self defence
Injury inflicted in self defence should not exceed
the proportion of apprehension of injury by
attacker
9. Scope : - general proposition that – nothing is an
offence which is done in the exercise of the right
of private defence,
Right is not absolute; it is subject to restrictions
It is right of self resistance against unlawful
aggression
No man is expected to fly away when he is
attacked, he could fight back
s. 97 to 106 : defence of body and defence of
property;
10. 1. There is no right of private defence which is
not itself an offence; (attacker can not plead
his right of private defence after counter
attack)
2. Not available to initial aggressor,
3. Can not be pleaded by persons who believing
they will be attacked , cause attack
4. SC : even if accused not plead self defence,
court can consider of such plea arises from
material or record
5. No Right of Private Defence in retaliation or
revenge
