Coercion is not new. This is something which is used by almost everybody so that their work is done in a smooth manner no matter what the other person is going through. The evil-minded persons achieve their intentions through Coercion. Even in 2021, parts of Kerala, Coercion is being used mostly for religious confessions or conversions. It is being used in such a way that the person who is a victim or a person who is supposed to be coerced was oppressed in the name of divinity. Person would be left with no other option but to obtain and profess the religion of the oppressor[1].

According to section 15 of the Indian Contract Act , “Coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, 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”. Coercion is used by powerful people to make people do things which they wouldn’t agree to do. The contract is voidable at the option of the party whose consent has been obtained by coercion. The burden of proof lies with the party defending the coercion. In Coercion the parties may or may not be related to each other. When the contract is avoided, the benefit received has to be restored or refunded to the injured party. Thus, the injured party has to be put in his original place.

It is immaterial whether the Indian Penal Code (XLV of 1860), is or is not in force in the place where the coercion is employed. There are certain case laws describing this section more efficiently. In the case of Chikkan Ammiraju v. Chiikkan Seshamma, the question before the Madras High Court was that whether threat to commit a suicide will come under coercion. According to Wallis, C.J. and Seshagiri Ayyar, J. threat to commit a suicide comes under the meaning of Coercion, whereas Oilfield, J., dissented he was of the view that threat to commit suicide is an act not forbidden by Indian Penal Code only attempt to commit suicide is punishable under section 309 of Indian Penal Code.

In order to constitute coercion under section 15 of Indian Contract act 1872 it is not necessary that it should be directed towards the contracting party. If the act is within the prejudice of any party contract with an intention to cause that party enter into an agreement, it is enough to come under concept of Coercion[2]. The question whether threat to strike amounts to coercion was raised in the case of Workmen of Appin Tea estate v Industrial Tribunal, where the workers demand of bonus was accepted after they threatened to strike. The second issue which arose was that whether the decision between Union Workers and Indian Tea association could be declared void on the grounds of Coercion. The court held that such threat does not come under threat to commit an offence under IPC nor it is detaining or threatening to detain any property. Hence, it was concluded that Threat to strike is no coercion.

[1] Abhilasha Bhatia -Coercion: Indian Contract Act, 1872, Coercion: Indian Contract Act, 1872 | Legal Readings, visited on 09-08-2021 at 11:58hrs.

[2]  Dheeraj DiwakarCoercion under section 15 of Indian Contract Act, Coercion under section 15 of Indian Contract Act | Law column, visited on 09-08-2021 at 17:28hrs.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.