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COMPOUNDING OF OFFENCES

Submitted to:- Submitted by:

Ms. Ajayta Sandhu Ilyas Khan

Roll no. :- 85/17.

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Table of Contents
Abstract ......................................................................................................................... 3

INTRODUCTION........................................................................................................ 4

OBJECTIVES OF COMPOUNDING OF OFFENCES .......................................... 5

COMPOUNDABLE OFFENCES .............................................................................. 6

OTHER PROVISIONS REGARDING COMPOUNDING OF OFFENCES…....13

EFFECT OF COMPOUNDING OF OFFENCES…………………………………14

PROHIBITION REGARDING COMPOUNDING OF OFFENCES……………14

COMPOUNDING BY MINOR, IDIOTS,LUNATICS ETC……………………...14

WHEN PARTY COMPETENT TO COMPOUND IS DEAD……………………15

COMPOUNDING OF NON-COMPOUNDABLE OFFENCE……………………16

CONCLUSION………………………………………………………………………17
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Abstract

This article is an endeavour to comprehend the law of Compounding of Criminal Cases. As is

normal information, the essential provision is contained in Section 320 of the Code of

Criminal Procedure 1973. This segment, with petty amendments in two Tables of offences

under the IPC in Clauses (1) and (2) thereof as likewise accommodating the impact of the

death of the individual able to compound. It further gives bar against composition against a

denounced having a past conviction.

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INTRODUCTION

Criminal law has multi-faceted objectives. It is not an objective if criminal law to

avenge the victim or punish the offender. Criminal law aims at bringing the offender to

justice by allowing him an opportunity to explain his deeds and understand whether the

person understands his actions or not.

The final purpose of criminal law is that justice is done by either providing

appropriate punishment to the offender or acquitting the accused person and ensuring that the

offender is effectively rehabilitated.

Now, since the criminal does not aim at punishing the offender or eliminating

offenders from the society, the Code of Criminal Procedure, 1973 has been imbibed with

provisions for the settlement of cases outside the court if the accused understands his/her acts

and is willing to pay for the damages caused by him. The act of settling a criminal

prosecution outside the court with mutual consent of the victim and the offender is called

compounding of offences.

Not all offences are allowed to be settled outside the court. Section 320 of the CrPC

which allows compounding of offences under the IPC and other offences lays down a table

specifically mentioning the offences which can be settled outside the court and by whom.

Offences which are allowed to be settled outside the court are called compoundable offences

and which are not allowed to be resolved outside the court are called non-compoundable

offences.
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OBJECTIVES OF COMPOUNDING OF OFFENCES

The provisions for compounding of offences came as a new provision after the

Criminal Procedure Code 1898 was devoured by the present Criminal Procedure Code. The

main objectives as laid down in the 41st law commission report which suggested the present

CrPC are as follows:

* Amicable Settlement: Compounding of offences allows amicable settlement of

criminal cases which otherwise would involve leading voluminous evidence, oral and

documentary, and allegations will be hurled on each other. Composition of the issue assists is

avoiding these circumstances and dispose of the prosecution in a most ameliorating manner.

* Reducing Burden of Courts: Criminal courts are always overburdened with cases

because of the increasing number of crimes in the society. Every new case brought before the

court is a burden upon the court. If the case is settled between the parties outside the court, it

helps to reduce the burden of the courts as well.

* Mutual Respect and Reformation: Settlement of a criminal case shows the guilt

and remorse inside the accused person and the willingness to make good the harm done.

Subjecting such person to rigorous trial and keeping him/her in detention only deteriorates his

mental capacity. It is a known factor that no one criminal has come reformed from jail.

Hence, the settlement allows the person to accept his offence and lead a reformed life.

* Expeditious Resolution: A criminal trial, however minor, takes minimum 2 to 3

years to complete and the sentence to be announced. Allowing the parties to settle the case

within themselves enable them to save time and money of the hefty prosecution.
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COMPOUNDABLE OFFENCES

As aforementioned, offences which can be resolved outside the court are called

compoundable offences. In such offences, the injured person or victim or his/her family (as

the case may be) and the accused person enter into agreement oral or written whereby on

performance of certain act by the accused or fulfilling of certain conditions by the accused,

the victim (prosecutor or prosecutrix) agree to drop the charges against the accused and

withdraw the prosecution.

The compounding must be bona fide not with any malice or hidden motive. Further,

offences compoundable at the option of the aggrieved party must be without any form of

consideration. If there is an agreement between the victim and the accused to drop charges, it

is invalid and the court may reject such settlement.

For instance, A wants to purchase a house of B which B does not want to sell. A

initiates prosecution against B in a cheating case that A acquired through his sources. A offers

B to withdraw charges if B sells the house to A. This is not a valid composition and hence,

liable to be rejected by the court.

There are two types of compoundable offences:

* Offences Compoundable with the Permission of the Court

In offences which are compoundable at the permission of the court, the parties have to

mutually file an application for compounding the offence outside the court mutually. The

court looks into the reason for compounding, the authenticity in compounding the offences

and whether it will do justice to the victim and reform the accused or not.

If the court is satisfied that the parties have a bona fide intention to resolve the case

outside the court, it grants the permission and fixes a date for intimation to the court the

settlement finally agreed. After this, the case is disposed of as settled.

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Offences compoundable with permission of court :-

Table 1

OFFENCE PROVISION PERSON BY WHOM

OF OFFENCE MAY BE
IPC COMPOUNDED

Assault or criminal force in 357 The person assaulted or to whom the force was used.
attempting wrongfully to confine
a person.

Assault or criminal force to 354 The woman assaulted to whom the criminal force was
woman with intent to outrage her used.
modesty.

Assisting in the concealment or 414 The owner of the property stolen.

disposal of stolen property,
knowing it to be stolen, where
the value of the stolen property
does not exceed two thousand
rupees.

Causing hurt by doing an act so 337 The person to whom hurt is caused
rashly and negligently as to
endanger human life or the
personal safety of others.
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Cheating a person whose interest 418 The person cheated

the offender was bound, either by
law or by legal contract, to
protect.

Cheating. 417 The person cheated.

Criminal breach of trust, where 406 The owner of the property in respect of which the
the value of the property does not breach of trust has been committed.
exceed two thousand rupees.

Defamation against the President 500 The person defamed.

or the Vice-President or the
Governor of a State or the
Administrator of a Union
Territory or a Minister in respect
of his conduct in the discharge of
his public functions when
instituted upon a complaint made
by the public prosecutor.

Dishonest misappropriation of 403 The owner of the property misappropriated

property.

Dishonestly receiving stolen 411 The owner of the property stolen.

property, knowing it to be stolen
when the value of the stolen
property does not exceed two
thousand rupees.
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House trespass to commit an 451 The person in possession of the house trespassed upon.
offence (other than theft)
punishable with imprisonment

Marrying again during the 494 The husband or wife of the person so marrying.
lifetime of a husband or wife.

Mischief by killing or maiming 428 The owner of the animal.

animal of the value of ten rupees
or upwards.

Theft by clerk or servant of 381 The owner of the property stolen

property in possession of master
where the value of the property
stolen does not exceed two
thousand rupees.

Theft, where the value of 379 The owner of the property stolen
property stolen, does not exceed
two thousand rupees

Using a false trade or property 482 The person to whom loss or injury is caused by such
mark. use.

Uttering words or sounds or 509 The woman whom it was intended to insult or whose
making gestures or exhibiting privacy was intruded upon
any object intending to insult the
modesty of a woman or intruding
upon the privacy of a woman. .
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Voluntarily causing grievous 325 The person to whom hurt is caused

hurt

Voluntarily causing grievous 335 The person to whom hurt is caused

hurt on grave and sudden
provocation.

Wrongfully confining a person 343 The person confined

for three days or more.

* Offences Compoundable without the permission of the court

Besides the above-listed offences, there are petty offences which do not have any effect on

the society and even if there is some malicious intention to settle between the accused and the

victim, it can be let go considering the non-heinous trait of the offence. In these cases, the

parties agree upon a settlement and inform the court that they have settled the case and the

prosecutor withdraws the prosecution.

The following table shows which offences which do not require the permission of the court to

be compounded:
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OFFEN PROVISION OF PERSON BY WHOM

IPC OFFENCE MAY BE
COMPOUNDED
The person whose religious
Uttering words, etc. with 298 feelings are intended to be
deliberate intent to wound the wounded
religious feelings of the person

323,334 The person to whom the hurt is

Causing hurt caused

341, 342 The person restrained or

Wrongfully restraining confined
confining any person

352, 355, 358 The person assaulted or to

Assault or use of criminal force whom criminal force is used

447 The person in possession of the

criminal trespass property trespassed upon

448 The person in possession of the

House-trespass property trespassed upon

491 The person with whom the

Criminal breach of contract of offender has contracted
service
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498 The husband of the woman

Enticing or taking away or
detaining with the criminal
intent of a married woman

500 The person defamed

Defamation, except such cases
as are specified against Section
500 of the I.P.C., 1860 in
column 1 of the Table under
sub-section (2)
501 The person defamed
Printing or engraving matter,
knowing it to be defamatory

504 The person insulted

Insult intended to provoke a
breach of the peace

506 The person intimidated

Criminal intimidation except
when the offence is punishable
with imprisonment for seven
years

508 The person against whom the

The act caused by making a offence was committed
person believe that he will be an
object of divine displeasure
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OTHER PROVISIONS GOVERNING COMPOUNDING OF OFFENCES

• The general rule embodied under sub section (3) provides that when any offence is

compoundable under Section 320 of the Code, the abetment of such offence or an

attempt to commit such offence (when such attempt is itself an offence) may be

compounded in like manner. The Supreme Court, in the landmark case of Mahesh

Chand vs. State of Rajasthan[iii], gave permission to compound attempt to commit

murder offence under Section 307 IPC.

• As per Sub Section (5) of Section 320, when the accused has been committed for trial

or when he has been convicted and an appeal is pending, no composition for the

offence shall be allowed without the leave of the Court to which he is committed or,

as the case may be, before which the appeal is to be heard. Application for

compounding the offence shall be made before the same court before which the trial is

proceeding.

• Sub Section (6) provides that a High Court or Court of Session acting in the exercise

of its powers of revision under Section 401 may allow any person to compound any

offence which such person is competent to compound under Section 320 of the Code.

• Sub section (7) provides for a limitation to compounding of offences. It says that no

offence shall be compounded if the accused is, by reason of a previous conviction,

liable either to enhanced punishment or to a punishment of a different kind for such

offence.
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EFFECT OF COMPOUNDING OF OFFENCES

Sub Section (8) prescribes that a compounding of offence under section 320 shall have the

effect of acquittal of the accused with whom such offence has been compounded.

Kulwinder Singh vs. State of Punjab & Another, High Court held that “the offence under

sections 406 and 120-B I.P.C qua the present petitioners in both these revision petitions are

compounded and the conviction and sentence of the petitioners is set aside.”

PROHIBITION REGARDING COMPOUNDING OF OFFENCES

Sub section (9) bars any contravention from the provisions of Section 320. It prescribes that

no offence shall be compounded except as provided by Section 320 of the Code.

COMPOUNDING BY MINOR, IDIOT OR LUNATICS ETC-

An accused or a person against whom an offence has been committed though otherwise

competent to compound under this section cannot do so if they are minors, idiots or lunatics.

In such cases any person competent to contract on their behalf may compound the offence.

But it has to be borne in mind that even though the offence is compoundable without

permission, the person compounding on behalf of a minor lunatic or idiot cannot do so

without the permission of the court.

• Compounding on behalf of Hindu minor, etc. - Guardian of a Hindu minor means a

person having the care of person of the minor or of his property or of both person and

property, and includes a natural guardian, a guardian appointed by the will of the
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minor’s father and mother, guardian appointed or declared by a court and person

empowered to act as such by or under any enactment relating to any court of Wards.

Natural guardian is defined under the guardian mentioned in the Hindu Minority

Guardianship Act may enter into compromise for a minor. But if a guardian has been

appointed under section 7 of the Guardian and Wards Act, the case may be

compounded by the guardian so appointed.

• Mohammedan minor — under Mohammedan law legal guardians are 1) father 2) the

executor appointed by father’s will 3) father’s father 4) executor appointed by the will

of the father’s father. These guardians shall be entitled to compromise a criminal case

on behalf of a minor. Even in the case of Mohammedan minor, if a guardian has been

appointed by the court, it is he who shall be entitled to compromise a case on behalf

of the minor or lunatic.

WHEN PARTY COMPETENT TO COMPOUND IS DEAD—

When the person who is competent to compound a case under this section is dead, the case

may be compounded by the legal representative of the deceased. The term ‘legal

representative’ has been defined in Sec 2(11) Civil Procedure Code. Under that definition the

following persons are legal representatives are entitled to compound a case on behalf of a

decided person

1) a person, who in law represents the estate of a deceased person

2) a person who intermeddle with the estate of deceased, and

3) where a party used or is sued in a representative capacity the person on whom the estate

devolves on the death of the party so using or sued.

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COMPOUNDING OF NON-COMPOUNDABLE OFFENCES -

The subordinate criminal courts or the High Court has no power to grant permission to

compound a non compoundable offence, i.e. the offence which does not come within either of

the two tables occurring u/s. 320 (1) and 320(2) of the code.

In light of decisions and considering the law on the point, the Supreme Court laid down the

following guidelines for quashing criminal proceeding in case of non-compoundable offences

by high courts when invoking their inherent powers under Section 482 of the CrPC:

• Predominantly civil nature of offence - The power conferred on high Courts under

Section 482 of the CrPC to quash criminal proceeding for non-compoundable

offences under section 320 of the CrPC can be exercised where the offence involved

is merely a predominantly civil and commercial matter;

• Heinous and serious offences - High courts must refrain from quashing criminal

proceedings if the offence is a heinous and serious offence which has a serious impact

on society;

• Offences under section 307 IPC - Even though the offence under Section 307 IPC

falls under the category of heinous and serious offences and is against the society, the

high courts may not rest its decision merely on the fact that the offence involved is

under Section 307 of the IPC. The high court may examine whether the incorporation

of Section 307 of the IPC is for name sake or there actually is enough evidence to

prove it. For this purpose, the high court may examine the nature of the injury,

whether the injury is on a vital body part, nature of the weapon used, etc. This would

be permissible only after the evidence is collected and the charge-sheet is filed /

charge is framed and / or during the trial. It is not permissible when the matter is

under investigation;
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• Special statutes - The high court must refrain from quashing the criminal proceeding

based on compromise between the victim and the offender, if the offence is under a

special statute like Prevention of Corruption Act or committed by public servants

while working in that capacity;

• Antecedents / conduct of the accused - When the offences involved are private in

nature, the high court, while exercising its power under Section 482 of the CrPC in

respect of non-compoundable offences on ground that there is a compromise /

settlement between the victim and accused, is required to consider the antecedents and

conduct of the accused.

CONCLUSION

Considering the lacunas in terms of delayed and cumbersome procedural intricacies involving

criminal justice, the significance of compounding in expediting the restoration especially

concerning victim-centric scenarios cannot be overlooked. The inclusive approach through

judicial expansionism widening the ambit of section 320 (CrPC) and thereafter fostering

restorative justice could can suitably further the interest of securing the ends of justice while

creating an expedient medium for settlement of cases. While the loops of vagueness have

been casted on the inclusion of grave offences under section 320 (CrPC), the role of court in

exercising vigilance and caution in determining the factors suitable for compounding

depending upon the circumstance so as to secure public interest.[51] In conclusion, it is

imperative to lay out guiding factors to determine the basis of inclusion of offences under

‘Compounding of offences’ and to incorporate effective mechanism to ensure the principle

equity and justice aren’t compromised.