PLEA OF COMPULSION OR NECESSITY :
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The excuse of necessity or compulsion as a defence for an
act cannot be pleaded except as provided in Section 94 of
the Pakistan Penal Code. That section lays down that
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. This section will not, however,
save
a person who, of his own accord or by reason of a threat of
being beaten, joins a gang of dacoits. But if he is 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 under pain of instant
death, will be entitled to the benefit of this section.
It is thus clear from the above that a person is excused from
the consequences of any act, except murder and offences
against the State punishable with death, done under fear of
instant death ;but fear of hurt or even of grievous hurt is not
a sufficient justification. It has been held that the accused
was not entitled to the protection of Section 94 of the Code
in
the case where the threat of instant death was present at
the beginning or even some time afterwards but did not
continue till the end of the commission of an offence. There
must be the apprehension of force upon the person and fear
of death, and this force and fear must continue to be present
at the time of the act.