Sunday, 30 January 2022

What is coercion?

 What is coercion? By Kalyani

Coercion is explained under sec 15, 19, 72 of Indian Contract act 1872.

The simple meaning of coercion is when someone forces someone threats someone to do something without his or her free consent than it is said to be coercion.

If someone causes someone forcefully to enter into n agreement than coercion has taken place.

Illustration: suppose A puts a gun on B’s head and causes him to enter into an agreement with him than A has employed coercion to B.

Note: coercion may proceed from anybody – even a person who is not a party to the contract.

Coercion includes physical harm, mental harm.

Physical harm- assaulting someone, putting gun on head,etc

Mental harm- blackmailing someone, torchering, threatning someone, etc.

Case law: In Purabi v Basudeb (), the question before the Calcutta high court was,once again, whether a threat to commit suicide amounts to coercion. In this case, purabi a student filed a suit against her tutor, Basudeb, for annulment of marriage, on the ground that her consent was obtained by coercion. She alleged that Basudeb had threatened her that if she did not marry him, he would first kill her then commit suicide. The court held that a threat to commit suicide does amount to coercion. 

Section 72 lays down that a person to whom money has been paid or anything delivered under coercion must repay or return it.

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