Professional Documents
Culture Documents
Coercion Under English Law and Indian Law
Coercion Under English Law and Indian Law
A COMPARATIVE ANALYSIS
ANUKRITI DEBNATH
BBA LLB, SECTION 2
20181BBL0081
PRESIDENCY UNIVERSITY, BENGALURU
“Coercion” defined – “Coercion” is the committing, or threatening to commit any act forbidden
by the Indian Penal Code, 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. (45 of 1860).
Explanation.- It is immaterial whether the Indian Penal Code is or is not force in the place
where the coercion is employed. (45 of 1860).
Coercion as defined under Section 15. It corresponds with most part with ‘Duress’, known to
English Law.
In case a contract is entered into by coercion, the contract shall be voidable under Section 19 of
the Indian Contract Act, 1872.
Also, in case certain money has been paid or goods been delivered by the party to the contract
under coercion, the same is recoverable under Section 72 of the Act.
Burden of Proof
The invalidating circumstances, which allege coercion must be stated by the party relying on the
defence of coercion. Therefore, the aggrieved party which wants to set aside the contract will
have to establish that the consent was obtained by coercion.
1
AIR 1968 SCR 705
PRESIDENCY UNIVERSITY, BENGALURU
Duress
What the India Law calls coercion is called in English duress or menace. Duress is said to consist
in actual or threatened violence or imprisonment of the contracting party or his wife, parent or
child, inflicted or threatened by the other party or by one acting with his knowledge and for his
advantage. Duress must be such as to cause immediate violence and also to unnerve a person
with ordinary firmness of mind.
Detaining a property or threatening to detain any property is also covered within the definition of
coercion whereas duress is constituted by acts or threats against the person and not against his
property.
India, coercion may proceed from a person who is not a party to the contract, and it may also be
directed against a person who, against, may be a stranger to contract i.e. a third party.
Duress does not cover acts done by a party to the contract, or a person stranger to contract. In
England, duress should proceed from a party to the contract and is also directed against the party
to the contract himself, or his wife, parent, child, or other near relative.
2
UKPC 1976 AC 104