Introduction The concept of duress or coercion as a defence to a criminal act has for a long time been a part of common law. A man who may have otherwise been responsible for the actus reus and had the required mens rea may neverthelss not be held responsible for a crime if he can prove that he was acting not of his own free will but under compulsion. Such compulsion can arise in three situations — where a person has been compelled by threats, where he is compelled by force of circumstances and where he is compelled by socio — economic pressures. However as a defence to a criminal act, duress raises certain issues, chief among which, is the question of whether the presence of duress negatives the mens rea, since the person under such conditions is obviously not acting of his own free will, or does it merely act as a mitigating factor in a crime. That is, can duress serve as a justification for a crime or is it more of an excuse for com ....