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.