coercion


is threat to kill a person to enforce his rights under valid contract amounts to coercion ? expliain its effects.
 
Reply   
 

Hi,

The requirement of free consent is in Section 10 of the Indian Contract Act and must be satisfied to transform an agreement into a contract

Section 13 of the Indian Contract Act defines Free Consent. It states that two or more persons are said to consent when they agree upon the same thing in the same sense.

Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.

Section 15 of the ICA states that “Coercion” is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, 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. (KISHEN LAL KALRA Vs NDMC)

If the consent of a party to any transaction is not a free consent, such consent will be revocable at the option of the party whose consent was obtained by coercion (DAIICHI KARKARIA Vs ONGC)

Also to keep in mind that, it is immaterial whether the Indian Penal Code is or is not in force in the place where the coercion is employed.

Hope this solves your query.

Regards,

Archit.

 
Reply   
 



This tool consists of numerous resources which include web content in addition to keyword density analyzers. You could also utilize content analysis tools to determine which keywords are used for almost any seo tools website and you are able to insert those keywords on your own article. Optimizing your content and keyword density is very important if you'd like to be powerful with the most effective techniques. SEO will improve the level of your business.

 
Reply   
 
Adv P & H High Court Chandigarh

 ‘Coercion’ defined.—‘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. —‘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 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 place where the act was done. 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 place where the act was done."

 
Reply   
 
Director

In reply to your query, I submit that the act of threatening to kill amounts to coercion. But your query states that the threatening was to enforce the rights and not to enter into any contract. So kindly state the right which was to be enforced. This act may lead to assault and other criminal offences.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x