Introduction: 

• A three-judge bench of the Madras High Court addressed whether a threat of suicide constitutes coercion under Section 15 of the Indian Contract Act. 

Facts: 

• A deed (Exhibit A) was executed under pressure from the fifth witness (Swami) 
• Swami threatened to commit suicide if his wife and son did not execute the document 
• Both lower courts found the deed was obtained through coercion 
• The case came to High Court due to difference of opinion between two judges 

Issues Involved

• Whether threat of suicide constitutes "an act forbidden by the Indian Penal Code" under Section 15 
• Whether such a threat would be "to the prejudice of any person" 
• Whether Section 16 (undue influence) was applicable 

Observations: 

• Chief Justice Wallis held:  
  • Suicide was forbidden by IPC as it was a form of homicide at common law 
  • IPC's definition of culpable homicide covers suicide 
  • Making abetment and attempt punishable implies the act is forbidden 
  • The threat would prejudice the wife (Hindu widow disabilities) and son 
  • The threat of suicide amounts to coercion within Section 15  
• Justice Oldfield (dissenting) held:  
  • Section 15 should be strictly construed 
  • Suicide is not explicitly forbidden by IPC 
  • Prohibition cannot be inferred from prohibition of attempt 
  • Section 16 inapplicable as Swami wasn't party to contract 
• Justice Seshagiri Iyer held:  
  • Agreed with Chief Justice 
  • An act can be forbidden even if not punishable 
  • Legal injury, not mere sentimental prejudice, is required 
  • Possibility of leaving family uncared for constitutes prejudice 

Conclusion

• Appeal dismissed with costs (2:1 majority) 
• The deed was set aside as void due to coercion 
• Established that threat of suicide can constitute coercion under Section 15