Introduction

The accountability of someone who has committed a crime under duress is a complex and frequently discussed topic. This article examines the legal frameworks and defenses available when an individual is compelled to commit a criminal act, and explores the intricacies of legal accountability in such scenarios.

Legal Perspective on Forced Crimes

Under legal terminology, if someone is forced to commit a crime, they may be considered an abettor or participant in the crime, depending on the specific circumstances. Article 115 and 116 of the Indian Penal Code (IPC) outline the legal consequences for such situations, with punishments ranging from imprisonment to the death penalty.

Legal Definitions and Penalties

Article 115 and 116 of the IPC provide the legal framework for offenses abetted by coercion or threats. If a person is instigated to commit a crime under such conditions and the offense is completed, they may be held accountable for that crime. If the intended offense is not completed, the abettor can still be penalized, especially if the original crime was punishable by death or life imprisonment. For other offenses, a penalty of up to one-fourth of the maximum imprisonment for the offense abetted would be applicable.

Defenses Against Forced Crimes

Various legal defenses can be invoked in cases of forced crime, such as self-defense, defense of a third person, coercion, lesser evils, and involuntary intoxication. The burden of proof rests with the defense, who must prove the necessity and validity of such a defense.

Circumstances of Forced Crimes

There are often grey areas when it comes to forced crimes. Police investigations are generally geared towards finding fault rather than proving innocence. Therefore, the onus is on the accused to prove their innocence beyond any reasonable doubt. The context and severity of the forcing situation heavily influence legal outcomes, and any lack of evidence or apparent free will severely limits the defense.

Duress as a Defense

Duress is a recognized legal defense, but it has strict limitations. For a defendant to claim duress, they must demonstrate a reasonable and genuine fear of immediate physical harm, and the crime committed must not be worse than the harm threatened. The legality of duress claims can vary between jurisdictions, and it is a highly complex and challenging defense to establish.

Real-life Examples and Legal Implications

There are instances where individuals have been charged for crimes they were forced to commit. One example involves a person who was coerced into robbing a bank because they owed money to a gang. Although injured emotionally and financially, the individual was ultimately held accountable for the crime they were forced to commit.

Another common scenario involves kidnapping for the purpose of forcing someone to commit a crime. If a person is under duress and commits a crime, they may face legal consequences, especially if the victim is physically harmed or killed. The legal system tends to prioritize public safety and the prevention of criminal activity over individual rights in such cases.

Conclusion

While the principles of criminal accountability and justice are crucial for maintaining social order, exceptions and nuances must be recognized when individuals are forced to commit crimes. The legal system must balance the need for retribution and deterrence with the acknowledgment of hardship and coercion faced by some individuals in compelled situations.