Legal Dictionary of Pakistan

duress per minas

[Law Latin] Duress by threat of loss of life, loss of limb, mayhem, or other harm to a person "Duress per minas is either for fear of loss of life, or else for fear of mayhem, or loss of limb. And this fear must be upon sufficient reason . . . . A fear of battery, or being beaten, though never so well grounded, is no duress; neither is the fear of having one's house burned, or one's goods taken away and destroyed; because in these cases, should the threat be performed, a man may have satisfaction by recovering equivalent damages: but no suitable atonement can be made for the loss of life, or limb." 1 William Blackstone, Commentaries on the Laws of England 127 (1765). "Duress per minas is a very rare defence; so rare that Sir James Stephen, in his long forensic experience, never saw a case in which it was raised. It has, however, been thought that threats of the immediate infliction of death, or even of grievous bodily harm, will excuse some crimes that have been committed under the influence of such threats." J.W. Cecil Turner, Kenny's Outlines of Criminal Law 58 (16th ed. 1952).