coercion

Advocate

Whether committing or threatening to commit offence under other penal laws other than indian penal code will amount to coercion or not with in the meaning of section 15 of indian contract act? In kishori lal kalra v. ndmc a high court has held that it will amount to.
 
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Advocate

Please provide your views and also any case law ?
 
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Advocate

Dear Anish, I am of the view that it should be and not only under the IPC because of the meaning of Coercion as follw: COERCION Criminal Law, Contracts. Constraint; compulsion; force. It is positive or presumed. Positive or direct coercion takes place when a man is by physical force compelled to do an act contrary to his will; for example, when a man falls into the hands of the enemies of his country and they compel him, by a just fear of death, to fight against it. It is presumed where a person is legally under subjection to another and is induced in consequence of such subjection to do an act contrary to his will. A married woman, for example, is legally under the subjection of her husband, and if in his company she commit a crime or offence, (except the offence of keeping a bawdy-house, in which case she is considered by the law as a principal), she is presumed to act under this coercion. As will is necessary to the commission of a crime or the making of a contract, a person coerced into either has no will on the subject and is not responsible.

 

 

 
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