Difference between Compoundable and non compoundable offence
Compoundable Offence :
It means the disputes between parties settled by agreement. The aggrieved person receives some consideration or gratification for not prosecuting the accused. Section 320 of the Code of Criminal Procedure provides a list of compoundable offences punishable under different sections of the Indian Penal Code. In cases mentioned in Section 320(1) of the Code, composition effected without the permission of the Court. In cases mentioned in Section 320(2) of the Code, composition effected with the permission of the Court. A composition means arrangement of settlement between the aggrieved party and accused person. If both the parties agreed to settle the dispute or compromise, then court disposes the case. Compromise and compounding cannot be equal.
- Court permission required before compounding.
- 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.
EXAMPLES OF COMPOUNDABLE OFFENCES:
- Uttering words etc, with deliberate intent to wound the religious feelings of any person causing hurt.
- Criminal or house trespass
- Criminal breach of contract of service.
- Printing or engraving matters, knowing as defamatory.
Offences other than those mentioned in Section 320 of the Code are not compoundable. Section 320 of the Code is ‘exhaustive’ of the circumstances and conditions under which composition can be effected. If a criminal case is declared to be non-compoundable, then it is against public policy to compound it, and agreement to that end is wholly void in law. The High Court in exercise of its inherent powers cannot permit compounding of non-compoundable offences, only in special cases the Supreme Court can grant such permission.
EXAMPLE OF NON COMPOUNDABLE OFFENCES
- Voluntarily causing hurt by dangerous weapons or means.
- Causing grievous hurt by doing on act so rashly and negligently as to endanger human life or the personal safety of others.
- Wrongfully confining a person for three days or more.
- Assault or criminal force to woman with intent to outrage per modesty.
- Dishonest misappropriation of property.
Difference between Compoundable and Non-compoundable offence
1. Withdrawal of Charges : In compoundable offence, charges against the accused can withdrawn. While in non compoundable offence, the charges against the accused cannot withdrawn.
2. Nature of Crime : In compoundable offence, the nature of the crime not so serious. While, in non compoundable offence, the nature of the crime is serious.
3. Compoundable : In compoundable , offence compoundable by with permission or without permission of court. While in non compoundable offence, offence cannot compounded. its only quashed.
4. Affected parties : In compoundable, impacts only private person. While in non compoundable offence, affects both, private person as well as the society at large.
5. Filing of case : In compoundable offence, case generally filed by private person. While in non compoundable offence, case generally filed by the state.