The Indian Contract Act, 1872- Coercion-defined

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The Indian Contract Act, 1872- Coercion-defined

 

 

The Indian Contract Act, 1872- Coercion-defined

What is Coercion? (Definition)-

 

Section 15 of the Indian Contract Act, 1872 defines Coercion. ‘Coercion’ is the committing or threatening to commit, any act forbidden by the Indian Penal Code (45 of 1860) or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person to enter into an agreement.

 

Explanation- It is immaterial whether the Indian Penal Code (45 of 1860) is or is not in force in the place where the coercion is employed.

 

Illustrations-

 

  • B, on board an English ship on the high seas, causes A to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code (45 of 1860).
  • B later sues A for breach of contract at Calcutta.
  • B has committed coercion, although his act is not an offence by the law of England, and although section 506 of the Indian Penal Code (45 of 1860) was not in force at the time when or place where the act was done.

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