Threat to file a suit. To threaten a criminal or civil prosecution does not constitute coercion because it is not an act forbidden by the Indian Penal Code. But a threat to file a suit of a false charge constitutes coercion, for such an act is forbidden by the I.P.C. (Askari Mirza vs Bibi Jai Kishori)
Threat to commit suicide. Neither suicide nor threat to commit suicide is punishable under the Indian Penal Code: Only an attempt to commit suicide is punishable under it.
In Chikkam Ammiraju vs Chikkam Seshamma, there arose a question as to whether a threat to commit suicide amounts to coercion, and the Lordships of the Madras High Court answered the question in the affirmative holding that this amounts to coercion. In that case a person, by a threat to commit suicide, induced his wife and son to execute a lease deed, in favor of his brother in respect of certain properties which they claimed as their own. The transaction was set aside on the grounds of coercion. It was stated by the majority footings that though a threat to commit suicide was not punishable under the Indian Penal Code, it must be deemed to be forbidden by that Code as an attempt to commit suicide was punishable under section 09 of that Code.
Their Leadership observed “ “The term any act forbidden by the Indian Penal Code’ is wider than the term ‘punishable by the Indian Penal Code.’ . S’iinp1y’ because a _an episcopes punishment, it does not follow that the act , is not forbidden by the Penal code. For-example, a lunatic or a minor. May not be punished. This does not show that their criminal acts are not forbidden by the Penal Code.”
Duress. The term ‘duress’ is used in English Law to denote illegal imprisonment or either actual or threatened violence over the person ( body) of another party of his wife or children with
a view to obtain the consent of that party to the agreement. In short, for ‘duress’ the act ,or threat must be aimed at the life or” liberty of the other patty to the contract or the members of his family: A threat to destroy or detain property will not amount to ‘duress.’ Thus the scope of the term ‘coercion,’ as defined in Section 15, is wider, because it includes threats over property also. ‘
Consequence of Coercion
A contract brought about by coercion is voidable at the option. of the party whose consent was so caused (Sec. 19). This means that the aggrieved party shall either exercise the option to affirm the transaction and hold the other party bound by it, or repudiate the transaction by exercising a right of rescission. As per Section 64, if the aggrieved party opts to rescind a voidable contract, he must restore any benefit received by him under the contract to the other party from whom received.
The burden of proof that coercion was used lies on the party who wants to set aside the contract on the plea of coercion
What is Doctrine of Frustration?
Certificate of Origin
What is Doctrine of Frustration?
Certificate of Origin
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What is not Coercion? What is the Consequence of Coercion?
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