Section 94 IPC: Act to which a person is compelled by threats

Indian Penal Code, 1860

Section 94 IPC at a Glance

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

Punishment

None. Section 94 IPC creates no offence.

BNS Equivalent

Section 32 →

Section 94 IPC Bare Act Text

94. 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 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 94, Indian Penal Code, 1860

Section 94 IPC in Simple Words

Section 94 of the Indian Penal Code (IPC) protects a person who does an act because threats reasonably make them fear instant death if they refuse. It does not cover murder or an offence against the State punishable with death, and it is lost if the person placed themselves in the situation of their own accord or from fear of harm short of instant death.

Ingredients of Section 94 IPC

  • 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 94 IPC

Imprisonment

None. Section 94 IPC creates no offence.

Fine

None.

Section 94 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 94 IPC

In 2019 in Ranchi, a gang of robbers abducted Harish, a carpenter, from his workshop at night. Holding a sharpened machete against his throat, the gang leader threatened to kill him immediately unless he used his crowbar to break the padlock of a merchant's warehouse. Harish had not joined the gang of his own accord or placed himself in that situation out of fear of lesser harm. Reasonably fearing instant death at the moment he acted, Harish broke the padlock, which is not murder or an offence against the State punishable with death. Harish committed no offence because of Section 94 IPC.

When Section 94 IPC Does Not Apply

  • The offence committed under compulsion is murder or an offence against the State punishable with death.
  • The threat is only of future harm or of injury short of instant death, such as a beating.
  • The person voluntarily joined the criminals knowing their character before being forced to commit the act.
  • The person placed himself in the situation out of fear of harm short of instant death.

Section 94 IPC in the BNS

Section 94 IPC is now covered under Section 32 BNS.

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 detailed comparison (IPC 94 vs BNS 32) →

FAQs on Section 94 IPC

What does Section 94 IPC say?▼

That nothing is an offence which is done by a person compelled to do it by threats that reasonably cause the apprehension of instant death, except murder and offences against the State punishable with death.

Does Section 94 IPC excuse a murder done under threat?▼

No. Murder, and offences against the State punishable with death, are excluded.

Does a threat of a beating count under Section 94 IPC?▼

No. The threat must be of instant death. The first explanation says a person who joins a gang of dacoits knowing their character, even from a threat of being beaten, cannot rely on it.

Is Section 94 IPC an offence?▼

No. It creates no offence. It is a General Exception that protects a person compelled by threats.

What is the BNS equivalent of Section 94 IPC?▼

Section 32 BNS, which keeps the exception and adds the word that to the proviso.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·