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A, B and C, a gang of thieves compel D at gun point to steal some valuables from a house. In doing so, D enters the house of Z, who is the owner of the house thereby committing an offence of house breaking. In this case –
D is liable for committing an offence of house breaking and theft
D is not liable for the offence of house breaking and theft and he can avail of the defence under section 94
No defence under section 94 is available to D
Both (a) and (c)
Illustration to section 94 94. Act to which a person is compelled by threats. Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1- A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2- A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
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