P was picked up by a gang of robbers in a car from the street He was given a revolver and asked to s...........

Indian Penal Code (IPC) 1860 Offences affecting the Human Body

P was picked up by a gang of robbers in a car from the street. He was given a revolver and asked to shoot at M. When P resisted, a revolver was put on his ear and he was told that if he did not shoot, he would be shot dead. Then P shot M dead. On a charge of murder, P argued that his act was not voluntary nor was there mens rea. P is guilty of:

Culpable homicide not amounting to murder.

No offence

Attempt to commit murder

Murder

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Explanation:

- P was forced at gunpoint to shoot M.

- He acted under "duress", which means he had a threat to his own life if he did not comply.

- In criminal law, duress is generally not a defence for murder (English and Indian law).

- However, the act was voluntary in the legal sense, as the threat does not erase free will but only compels it.

- There was the actus reus (the act of killing) and mens rea (intent to kill), even under duress.

- Option 1 (Culpable homicide not amounting to murder) may apply if the court finds P did not have intention due to duress, but usually duress is not a full defence.

- Option 2 (No offence) would not apply, as duress is not a complete defence for murder.

- Option 3 (Attempt to commit murder) is irrelevant, as the murder was completed.

- Option 4 (Murder) – Correct answer. Most legal systems, including India, hold that duress is not a defence to murder.