Compounding of offences (Section 320 of CrPc)

Legal provisions regarding compounding of offences under section 320 of the Code of
Criminal Procedure, 1973.

A composition is an arrangement whereby there is settlement of the differences between

the injured party and the person against whom the complaint is made. It is not necessary
that the composition should be in writing. It may be oral.

If both the parties agree that there has been compromise, then the Court has to dispose of
the case in terms of that compromise and the petitioner is to be acquitted. If, on the other
hand, parties differ, then the Court has to call upon them to lead evidence and then record
a finding on such evidence.

The offences that may lawfully be compounded are those that are mentioned in Section 320
of the Code of Criminal Procedure. The offences other than those mentioned cannot be
compounded. The offences punishable laws other than the Penal Code are not
compoundable. Only the person named in the third column of Section 320 can legally
compound an offence under Section 320. Any person may set the criminal law in motion,
but it is only the person specified in the third column who can compound the offence. A
case may be compared at any time before sentence is pronounced even whilst the
Magistrate is writing the judgment.

The compounding of an offence signifies that the person against whom the offence has
been committed has received some gratification, not necessarily of a pecuniary character,
to act as an inducement for his desiring to abstain from a prosecution and Section 320
provides that if the offence be compoundable, composition shall have the effect of an
acquittal.

Compoundable offences

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 to which the complainant is not entitled to.

Section 320 of the CrPC looks at compounding of offences. Compoundable offences are less
serious criminal offences and are of two different types mentioned in tables in Section 320
of the CrPC, as follows:

1. Court permission is not required before compounding – Examples of these offences

include adultery, causing hurt, defamation criminal trespass.
2. Court permission is required before compounding – Examples of such offences are theft,
criminal breach of trust, voluntarily causing grievous hurt, assault on a woman with
intention to outrage her modesty, dishonest misappropriation of property amongst others.

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

Non Compoundable offences

Non- Compoundable offences are some offences, which cannot be compounded. They can
only be quashed. The reason for this is, because the nature of offence is so grave and
criminal, that the Accused cannot be allowed to go scot-free. Here, in these types of cases
generally, it is the "state", i.e. police, who has filed the case, and hence the question of
complainant entering into compromise does not arise.

All those offences, which are not mentioned in the list under section (320) of CrPC, are non-
compoundable offences.

Under a non-compoundable offense, a private party as well as the society, both are affected
by such offenses.

In Non-compoundable offense, no compromise is allowed. Even the court does not have the
authority and power to compound such offense. Full trail is held which ends with the
acquittal or conviction of the offender, based on the evidence given.

Section 320

Section 320 talks of compounding of offences .subsection 1 provides those offences which
can be compounded without permission of court. section 298 323 334 335 341 and 342 343
344 etc.

subsection 2 provide those offences which can be compounded with permission of court
section 312 section 325 section 337 etc.

The abetment or attempt is also compoundable if the offences is compoundable.

When person is otherwise competent to contract but cannot compound because of being
underage or idiot or lunatic, any person competent to contract on his behalf May with the
permission of court compound offence

When person who can compound is dead. legal representative main compound such
offence with consent of Court.

When accused has been committed for trial or when he has been convicted and appeal is
pending no composition for offence is allowed without the leave of Court which he is
committed or before which appeal is to be heard.

High Court or Session Court while exercising revisional power under section 401 may allow
any person to compound offence which such person is competent to compound under this
section

No offence shall be compounded if the accused is by reason of previous conviction liable for
enhanced punishment for for different kind of punishment

Composition of an offence under section shall be effect of acquittal of accused

No offence shall be compounded except as provided by this section