Coercion
Section 15 defines Coercion as follows :
Coercion is committing or threatening to commit an act that is prohibited by IPC, or any unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with an intention of causing any person into entering a contract. It is immaterial whether IPC is in operation at a place where such act took place.
Illustrations
A threatens B at gun point to sell his land to A.
A while in an English ship on high seas enter into a contract with B by intimidating B that is unlawful in India. Later on A sues B of breach of contract in Calcutta. This is coercion.
Chikham Amiraju vs Chikham Seshamma 1912 - Husband threatened to suicide unless wife gave property to his brother. This was held coercion.
Askari Mirza vs Bibi Jai Kishori 1912 - Threatening a criminal prosecution is not coercion per se. It could be coercion if the threat is to file false charges.
Astley vs Reynolds 1731 - Plaintiff had pledged his place for $10. When he went to take it back, pledgee asked for $10 more. He paid the additional $10, but sued to get recover it back. It was held coercion.
Andhra Sugars vs State of AP 1968 - A factory was bound to take the sugar cane from the farmer under an act. This was not held to be coercion.
Section 15 defines Coercion as follows :
Coercion is committing or threatening to commit an act that is prohibited by IPC, or any unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with an intention of causing any person into entering a contract. It is immaterial whether IPC is in operation at a place where such act took place.
Illustrations
A threatens B at gun point to sell his land to A.
A while in an English ship on high seas enter into a contract with B by intimidating B that is unlawful in India. Later on A sues B of breach of contract in Calcutta. This is coercion.
Chikham Amiraju vs Chikham Seshamma 1912 - Husband threatened to suicide unless wife gave property to his brother. This was held coercion.
Askari Mirza vs Bibi Jai Kishori 1912 - Threatening a criminal prosecution is not coercion per se. It could be coercion if the threat is to file false charges.
Astley vs Reynolds 1731 - Plaintiff had pledged his place for $10. When he went to take it back, pledgee asked for $10 more. He paid the additional $10, but sued to get recover it back. It was held coercion.
Andhra Sugars vs State of AP 1968 - A factory was bound to take the sugar cane from the farmer under an act. This was not held to be coercion.
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