Important legal rules for a valid coercion are listed below:
Legal Rules
1. The coercion must be the committing of any act forbidden by the Indian Penal Code:
It is an important and essentials element of coercion. When the consent of a person is obtained by committing any act which is forbidden by the Indian Penal Code, the consent is said to be obtained by coercion.
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2. The coercion must be the threatening to commit any act forbidden by the Indian Penal Code:
It is another part of the main essential element of coercion. When the consent of a person is obtained by thre4t of committing any act which is forbidden by the Indian Penal Code, the consent is also said to be obtained by coercion e.g. consent obtained at the pistol point, or by threatening to cause death or by intimidation.
3. The coercion must be the unlawful detaining or threatening to detain any property:
In case the consent of the party is obtained by unlawful detaining or threatening to detain any property, the consent is said to be obtained by coercion.
4. The acts of coercion must be done with the intention of causing the other party to enter into a contract:
It is also an essential element of coercion. Threats, which amount to coercion, must be done with the intention of causing the other party to enter into a contract. In other words, the acts amounting to coercion must be done with the intention of obtaining the consent of the party, and inducing him to enter into a contract. If the act of coercion is done without any intention of obtaining the consent of the other party, it will not amount to coercion.
5. The Indian Penal Code may or may not be in force where the coercion is committed:
This legal rule for coercion is emphasised in the Explanation to Sec. 15 of the Indian Contract Act. According to this explanation, it is immaterial whether the Indian Penal Code is or is not in force in the place where the act amounting to coercion is committed.
6. The acts of coercion may be initiated by any person:
It is also a legal rule for coercion. According to this rule, the threat amounting to coercion need not necessarily be initiated from a party to the contract. It may be initiated by any person, even by a stranger. Similarly, it may be directed against any person including a stranger.
7. The coercion may be by way of threat to commit suicide:
Sometimes, by threat to commit suicide, a person obtains the consent of the other. In such cases also, the consent is said to be obtained by coercion.