Section 32 BNS: Act to which a person is compelled by threats

Bharatiya Nyaya Sanhita, 2023

Section 32 BNS at a Glance

Section 32 BNS deals with act to which a person is compelled by threats. It replaced Section 94 IPC on 1 July 2024.

Punishment

None. Section 32 BNS creates no offence.

IPC Equivalent

Section 94 →

Section 32 BNS Bare Act Text

32. Act to which a person is compelled by threats

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 that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

Explanation 1.—A person who, of his own accord, or by reason of a 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.

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; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

Source: Section 32, Bharatiya Nyaya Sanhita, 2023

Section 32 BNS in Simple Words

Section 32 of the Bharatiya Nyaya Sanhita (BNS) deals with acts to which a person is compelled by threats. Except for murder and offences against the State punishable with death, nothing is an offence if it is done by a person who is compelled to do it by threats that, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence.

This protection applies only when the person did not, of their own accord or from a reasonable apprehension of harm short of instant death, place themselves in the situation by which they became subject to that compulsion. For example, a person who voluntarily joins a gang of dacoits knowing their character, or joins because of a threat of being beaten, cannot claim this exception.

It is not a blanket excuse for every act done under pressure. Courts look closely at whether the threat was of instant death at that very time, whether the offence was excluded, and whether the accused put themselves in that situation.

Ingredients of Section 32 BNS

  • The offence is not murder and not an offence against the State punishable with death
  • The person is compelled to do the act by threats
  • The threats, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence
  • The person did not, of his own accord or from a reasonable apprehension of harm short of instant death, place himself in the situation

Punishment Under Section 32 BNS

Imprisonment

None. Section 32 BNS creates no offence.

Fine

None.

Section 32 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 32 BNS

In Kanpur, armed men hold a pistol to a jeweller's head and tell him they will shoot him on the spot unless he opens his strongroom for them. He opens it. The threat was of instant death and he had not put himself in that position, so Section 32 BNS protects him from liability for helping in the theft.

When Section 32 BNS Does Not Apply

  • The act is murder, or an offence against the State punishable with death
  • The threat is of harm short of instant death, such as being beaten
  • The person joined a gang of his own accord, knowing its character
  • The person placed himself in the situation from a reasonable apprehension of harm short of instant death

Section 32 BNS in the IPC (Previous Law)

Section 32 BNS replaces Section 94 IPC from the old criminal code.

Section 32 BNS keeps the exception and both explanations word for word. The only change is in the proviso, which reads Provided that the person where the IPC reads Provided the person.

View IPC Section 94 →

FAQs on Section 32 BNS

Does Section 32 BNS give complete immunity if I acted under threat?▼

No. The threat must reasonably cause the apprehension of instant death at the time of doing the act, and the person must not have placed themselves in that situation voluntarily or out of fear of lesser harm. Also, this exception never covers murder or offences against the State punishable with death.

Can Section 32 BNS be used in every criminal case?▼

No, it cannot be used for murder or offences against the State punishable with death, and in other cases it applies only where the accused faced a reasonable fear of instant death.

Is there any punishment under Section 32 BNS?▼

No separate punishment is provided in this section. It is a legal protection provision, not an offence provision.

How does Section 32 BNS apply under the new criminal law?▼

The earlier provision has been carried into Section 32 BNS of the Bharatiya Nyaya Sanhita (BNS), 2023. The legal rule remains the same, and the new code is now the governing law.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·