COER CI ON SEC (1 5)

• 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 WHATEVER, WITH THE
INTENTION OF CAUSING ANY PERSON TO ENTER INTO AN
AGREEMENT.
 ESSENTIALS OF COERCION
• THERE MUST BE A CLEAR UTTERANCE OF THREAT.
• THE THREAT SHOULD BE TO COMMIT AN ACT FORBIDDEN BY THE INDIAN PENAL CODE.
• IT MUST BE COMMITTED WITH THE INTENTION OF CAUSING THE PLAINTIFF TO ENTER
INTO AN AGREEMENT.

• UNLAWFUL DETAINING PR THREATENING TO DETAIN ANY PROPERTY.

• COERCION MAY BE EMPLOYED BY A PARTY OR BY HIS AGENT.
• COERCION MAY BE USED AGAINST A PARTY OR AGAINST ANY OTHER PERSON. IN CASE
OF ANY OTHER PERSON, THAT PERSON MUST HAVE SOME INTEREST IN THE AGREEMENT.
COERCION EFFECT A
CONTRACT
•IF IT IS DISCOVERED THAT COERCION WAS INVOLVED IN THE
FORMATION OF THE CONTRACT, THE AGREEMENT WILL ALMOST
ALWAYS BE RESCINDED. WHEN CONTRACT RESCISSION OCCURS,
THE ENTIRETY OF THE AGREEMENT IS CANCELED. BOTH PARTIES
ARE RELEASED FROM THEIR RESPONSIBILITIES AS DEFINED IN
THE CONTRACT.
 T I O N
P ER A
C O -O
A L TO
EQ U
O T
CI O NN
CO E R
DO YOU NEED A LAWYER TO HELP WITH COERCION?

CONTRACT LAW, WHETHER IT’S AT THE FEDERAL OR STATE LEVEL, CAN BE VERY COMPLICATED. IF YOU’VE
SIGNED A CONTRACT BUT NOW BELIEVE THAT COERCION WAS INVOLVED, IT MAY BE A GOOD IDEA TO
CONSULT WITH A BUSINESS LAWYER. AN ATTORNEY CAN EXAMINE THE CIRCUMSTANCES AROUND THE
FORMATION OF THE CONTRACT AND CAN DETERMINE WHETHER OR NOT YOU WERE COERCED INTO SIGNING
THE AGREEMENT.

• IF THERE WAS COERCION, AND YOU DECIDE TO FILE A COURT CASE TO TERMINATE THE CONTRACT, YOUR
ATTORNEY CAN BE OF ASSISTANCE HERE AS
RESEARCHERS HAVE IDENTIFIED A NUMBER OF
INTERPERSONAL COERCIVE METHODS:
“POSITIVE” PERSUASION (E.G., COMPLIMENTS; MAKING PROMISES; PAYING SPECIAL
ATTENTION OR “GROOMING”. …

NEUTRAL TACTICS OF PERSUASION (E.G., CONTINUALLY REQUESTING, NAGGING OR

LEADING FOR SEX);

PHYSICAL PERSUASION TACTICS(E.G., KISSING, SEXUAL TOUCHING);

EXAMPLES OF COERCION
• THESE ACTIONS MAY INCLUDE
• EXTORTION,
• BLACKMAIL,
• TORTURE,
• THREATS TO INDUCE FAVORS,
• OR EVEN SEXUAL ASSAULT.
BY
M. RAHUL
BBA DEPARTMENT
1ST YEAR