Previous Year Question:

Q. “Act done by me against my will, is not my act”. Examine in the light of legal provisions of the Indian Penal Code, 1860

Important Provision:

Section 94 of the IPC – Act to which a person is compelled by threats.

Important Observations:

• The principle is founded on the well-known maxim, actus me invito factus non est meus acts, i.e., an act which is done by me, against my will is not my act, and hence I am not responsible for it.
• The benefit of this section will extend to all offences under the Code, except the offences which have been specifically excluded in the provision.

Important Case Laws:

Emperor v Antar – Where the accused helped in the removal of the dead body of a person after the murder of such person by the accused’s master, under the threat of the master to kill him if he refused to help him in the disposal of the dead body, the accused who would have otherwise been guilty under §201 was exempted from punishment under this section. 

Zahid Beg v Emperor – The threat of instant death must be present at the time of doing the act or committing the offence. If the threat of instant death ceases or does not continue to exist, at the time of actual commission of the offence, then this section will not apply.