According to Section 15 of the Indian Contract Act, "Coercion" is the committing, or threating to commit, any act is 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.
The question whether a threat to commit suicide amounts to coercion arose in Chikham Ammiraju V. Chikkam Seshama (1917) 41 Mad 33. In this case, a person held out a threat of committing suicide to his wife and brother in respect of certain properties.The wife and son executed the release deed under the threat. It was held that "the threat of suicide amounted to coercion within Section 15 of the Indian Contract Act, 1872 and the release deed was, therefore, voidable".
In another Case, Purbi Banerjee V. Basudev Mukharjee, AIR (1969) Cal 293, It was observed that "one committing suicide places himself or herself beyond the rich of law and necessarily beyond the reach of any punishment too. But it does not follow that suicide is not forbidden by the Penal Code. Section 306 of the Indian Penal Code punishes abetment of suicide as such is no crime, as indeed, it cannot be. But its attempt is; its abetment too is. So, it may very well be said that the Penal Code does forbid suicide. As such, a threat to commit suicide amounts to coercion.
See also....
Difference/ Distinction between Coercion and Undue Influence
Undue Influence: Meaning, Definition, and Essentials of Undue Influence
The question whether a threat to commit suicide amounts to coercion arose in Chikham Ammiraju V. Chikkam Seshama (1917) 41 Mad 33. In this case, a person held out a threat of committing suicide to his wife and brother in respect of certain properties.The wife and son executed the release deed under the threat. It was held that "the threat of suicide amounted to coercion within Section 15 of the Indian Contract Act, 1872 and the release deed was, therefore, voidable".
In another Case, Purbi Banerjee V. Basudev Mukharjee, AIR (1969) Cal 293, It was observed that "one committing suicide places himself or herself beyond the rich of law and necessarily beyond the reach of any punishment too. But it does not follow that suicide is not forbidden by the Penal Code. Section 306 of the Indian Penal Code punishes abetment of suicide as such is no crime, as indeed, it cannot be. But its attempt is; its abetment too is. So, it may very well be said that the Penal Code does forbid suicide. As such, a threat to commit suicide amounts to coercion.
See also....
Difference/ Distinction between Coercion and Undue Influence
Undue Influence: Meaning, Definition, and Essentials of Undue Influence
0 comments:
Post a Comment