Jan 15, 2018
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Compounding of Offence under Code of Criminal Procedure, 1973

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Compounding of Offence

What is Compoundable Offence?

Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused. However, such a compromise, should be a “Bonafide,” and not for any consideration. Section 320 of the Code of Criminal Procedure, 1973, deals with compounding of offences. Compoundable offences includes less serious criminal offences and of two different types mentioned in the code and they are:

  1. Court permission required before compounding.
  2. Court permission not required before compounding.

Application for compounding the offence shall made before the same court before which the trial proceeding going on. Once an offence compounded it shall have the same effect, as if, the accused acquitted of the charges.

The offences punishable under the sections of the Indian Penal Code specified and by whom it will be compounded as follows :

Compounded with permission

1. Uttering wards, etc., with deliberate intent to wound the religious feeling of any person (section 298) – The person whose religious feelings are intended to be wounded.

2. Voluntarily causing hurt – The person to whom the hurt is caused.

3. Wrongfully restraining or confining any person – The person restrained or confined.

4. Assault or use of Criminal force – The person assaulted or to whom criminal force is used.

5. Mischief, when the only loss or damage caused is loss or damage to a private person – The Person to whom loss or damage is caused.

6. Criminal trespass – The Person in possession of property trespassed upon.

7. House trespass –   The Person in possession of property trespassed upon.

8. Criminal breach of contract of service – The person with whom the offender has contracted

9. Adultery – The husband of the woman

10. Enticing or taking away or detaining with criminal intent a married woman – The husband of the woman

11. Defamation, except such case as are specified against section 500 of the Indian Penal Code in column 1 of the table under sub section – The person defamed.

12. Printing or engraving matter, knowing it to defamatory – The person defamed.

13. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter- The person defamed.

14. Insult intended to provoke a breach of the peace – The person insulted.

15. Criminal intimidation except when the offence punishable with imprisonment for seven years – The person intimidated

16. Act caused by making a person believe that he will an object of divine displeasure – The person against whom the offence committed.

Compounded without permission

1. Voluntarily causing hurt by dangerous weapons or means – The person to whom hurt caused

2. Voluntarily causing grievous hurt – The person to whom hurt caused

3. Voluntarily causing grievous hurt on grave and sudden provocation –  The person to whom hurt caused

4. Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others-  The person to whom hurt is caused

5. Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others –   The person to whom hurt is caused

6. Wrongfully confining a person for three days or more – The person confined.

7. Wrongfully confining for ten or more days – The person confined.

8. Assault or criminal force to woman with intent to outrage her modesty – The woman assaulted to whom the criminal force used.

9. Assault or criminal force in attempting wrongfully to confine a person – The person assaulted to whom the force used.

10. Theft, where the value of property stolen does not exceed two hundred and fifty rupees – The owner of the property stolen.

11. Theft by clerk or servant of property in possession of master, where the value of the property stolen does not exceed two hundred and fifty rupees –  The owner of the property stolen.

12. Dishonest misappropriation of property – The owner of the property misappropriated.

13. Criminal breach of trust, where the value of the property does not exceed two hundred and fifty rupees – The owner of the property in respect of which the breach of trust has committed.

14. Criminal breach of trust by a carrier,  also wharfinger, etc. value of property does not exceed two hundred and fifty rupees – The owner of the property in respect of which the breach of trust has committed.

15. Criminal breach of trust by a clerk or servant, where the value of the property does not exceed two hundred and fifty rupees – The owner of the property in respect of which the breach of trust has committed.

16. Dishonestly receiving stolen property, knowing it to stolen, when the value of the stolen property does not exceed two hundred and fifty rupees – The owner of the property stolen.

17. Assisting in the concealment or disposal of stolen property, knowing it to stolen, where the value of the stolen property does not exceed two hundred and fifty rupees – The owner of the property stolen.

18. Cheating – The person cheated.

19. Cheating a person whose interest the offender bound. Either by law or by legal contract, to protect – The person cheated.

20. Cheating by personation –   The person cheated.
 

 

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Criminal law

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