Consent is said to be free when it is not caused by-
1)Coercion.
2)Undue influence.
3)Fraud.
4)Misrepresentation.
5)Mistake.
Coercion -
Any threat to do any act prohibited by the Indian penal code with the intention of causing the other person to enter into a agreement.It is not material if the IPC is in force in the place where the coercion is employed.
Eg: A who is on board a French ship causes B to enter into a agreement through criminal intimidation,this amounts to coercion though the IPC is not in force at that moment.
Following are the features of coercion:
1) It is physical in nature.
2) A threat to do an act prohibited by the IPC.
3) It is violent in nature.
4) The freedom of will is impaired.
5) It is a voidable agreement at the option of the arty whos consent was so obtained.
6) Burden of proof is on the person who alleges coercion.
7) The party who wants to avoid the contract has to restore any benefit he has received under the contract.
Case Law-
Chikkam Ammiraju vs Chikkam seshamma
Chikkam Seshammas husband and Ammiraju were brothers. Chikkam ammiraju executed a mortgage deed in favour of his brother and obtained a certain amount of money, later he failed to pay the amount to his brother. Due to love and affection chikkam seshammas husband wanted to release the mortgage in favour of his brother. Seshamma and her son did not accept this. Chikkam seshammas husband threatened to commit suicide if they did not listen to him. Due to such threat they executed the release mortgage in favour of the brother. Later they claimed the said properties of their own.
The privy council held that threat of suicide though not punishable is a act prohibited by the IPC and therefore consent obtained by threat of suicide comes under coercion and rendered the release deed void
