Compounding, Plea Bargaining, And

Withdrawal From Prosecution

Presentation By:
Manpreet Kaur
AD (LAW)
COMPOUNDING OF OFFENCES –
SECTION 320
 MEANING AND OBJECT
• To compound means “to settle a matter by a money payment, in lieu of other
liability.”

• In criminal law, the power to compound the offence is at the discretion of the
victim.

•  Legal provisions regarding compounding of offences are mentioned

under Section 320 of the Code of Criminal Procedure, 1973.

• The object of Section 320 of the Code is to promote friendliness between the
parties so that peace between them is restored.
 SECTION 320 CR. P. C
On this basis offences are divided into 2 categories:
• Compoundable Offences
• Non-Compoundable Offences

• Compoundable offences are those that can be compromised, i.e. the

complainant can agree to take back the charges levied against the accused,
whereas, non – compoundable offences are the more serious offences in which
the parties cannot compromise. 
 ROLE OF COURT

1. Compounding without the permission of the Court – Examples of these

offences include adultery, causing hurt, defamation criminal trespass.

2. Court permission is required before compounding – Examples of such

offences are theft, voluntarily causing grievous hurt, assault on a woman with

intention to outrage her modesty, dishonest misappropriation of property

amongst others, criminal breach of trust.

 DISCRETION OF COURT

• Bhagyan Das vs The State of Uttarakhand & anr, CRR No. 465 of 2019

The Supreme Court has observed that a court has discretion to reject a plea to
compound an offence having social impact, even if the offence is
compoundable under Section 320 of the Code of Criminal Procedure. 
In Gian Singh v. State of Punjab, (2012) 10 SCC 303

The SC observed that compounding powers should be exercised by the Court

considering the social impact of the crime in question vis-à-vis its individual

impact, as decisive criterion for quashing power in such cases.

 ABETMENT OR AN ATTEMPT

• 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 AIR 1988 SC 2111, gave permission to compound attempt to

commit murder offence under Section 307 IPC.

 WHICH COURT?
• Where trial or appeal is pending

JMIC
Sessions Court
High Court

 In High Court – High Court may allow compounding by quashing of FIR

 WHEN CAN IT BE DENIED?
1. 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.
 WHAT IS THE EFFECT OF COMPOUNDING
UNDER SECTION 320?
• According to Section 320(8), compounding of offence shall have the effect of
acquittal of the accused.
 WHEN THE PERSON COMPETENT TO
COMPOUND IS DEAD ?
• According to Section 320(4)(b), When the person who would otherwise be
competent to compound an offence under Section 320 is dead, the legal
representative, of such person may, with the consent of the Court, compound
such offence.
 WHEN THE PERSON COMPETENT TO
COMPOUND IS UNDER 18 YEARS OR
LUNATIC ?
• According to Section 320(4)(a), When the person who would otherwise be
competent to compound an offence under Section 320 is lunatic or under 18
years, then any person competent to execute contract on his behalf may, with
the consent of the Court, compound such offence.
 RECENT TREND
• Manjit Singh vs. The State of Punjab & Anr. : 2019 SCC OnLine SC 896 
HELD: Sec. 320 Cr. P. C- A non-compoundable offence cannot be ordered to be compromised but
the factum of compromise can be taken into consideration while imposing substantive sentence.
In present case the appellant Manjit Singh was convicted u/s 307 IPC and was sentenced to undergo
imprisonment for five years. The appellant served seventeen months of imprisonment. The appellant
accused Manjit Singh preferred the present appeal before the Supreme Court. During pendency of
the appeal, the parties compromised the matter. The Court observed that Section 307 I.P.C. is a
non-compoundable offence and, therefore, no permission can be granted to record the compromise
between the parties. However, the Hon’ble Court while considering the compromise and the
sentence already undergone by appellant-accused, reduced the sentence of imprisonment from five
years/two years to the period already undergone by appellant and also set aside the fine amount of
Rs. 50,000/- imposed upon appellant .
•  
PLEA BARGAINING – SECTION 265 A TO
265 L
 MEANING

• A plea bargain is an agreement reached in a criminal case to finally settle it.

• It involves an active negotiation process by which the accused offers to

exchange a plea of guilty, thereby waiving his right to trial, for some

concessions in charges or for a sentence reduction.

 PARTIES INVOLVED

• In a case instituted on a police report, the parties to the agreement are the

accused, the investigating officer, the prosecutor and the victim.

• All of them must agree to settle the criminal case in which the accused pleads

guilty to the offence for which a trial is pending.

• In any other case, the parties to the agreement are the accused and the victim.
 WHAT INCENTIVE DOES AN ACCUSED GET
TO ENTER INTO A PLEA BARGAIN?
• Getting Out of Jail
• Resolving the Matter Quickly
• Having Fewer or Less Serious Offences on One’s Record
• Avoiding Hassles
• Avoiding Publicity
 BENEFITS FOR COURT
• Helps Courts and prosecutors manage caseloads.

• More focus on important trials

• State is more easily able to fulfill its constitutional obligation to provide speedy
trial.

• Overcrowding of prisons can be avoided

• Benefit to the prosecution is an assured conviction.

 BENEFITS FOR VICTIM
• “victim-oriented reform”

• Victim has now moved from being a ‘forgotten actor’ to become a key player in
the Criminal Justice Process. The rights of the victim are better upheld as they
can bargain over the Court’s decisions.

• The plea bargaining law mandates the Court to pay compensation to victims of
crime once the plea bargaining process is complete and then hears the parties on
quantum of punishment and possibility of probation.
 WHEN IS PLEA BARGAINS
MADE?
• The report has been forwarded by the officer in charge of the police

station under Section 173 Cr.P.C. alleging therein that an offence appears

to have been committed by him other than an offence for which the

punishment of death or of imprisonment of life or of imprisonment for a

term exceeding seven years has been provided under the law for the time

being in force; (Less than 7 years punishment)

 WHERE NOT ALLOWED

• Where the offenses don’t affect the socio-economic condition of the

country;

• When the offenses are not committed against a woman or a child below

14 are excluded
APPLICATION OF THE CONCEPT
 STEP 1: APPLICATION FOR PLEA
BARGAINING
• An application for plea bargaining must be filed in the Court where such offence is
pending for trial.

• It must contain a brief description of the case including the offence to which the case
relates.

• It must be accompanied by an affidavit of the accused stating therein that he has

voluntarily preferred Plea Bargain after understanding the nature and extent of
punishment and that he has not previously been convicted by a Court for the same
offence.
 STEP 2: PROCEDURE ON FILING OF THE
APPLICATION
• Notice to be issued to PP, Complainant/ victim, accused for appearance on the date
fixed for the case.

• The Court will examine the accused in camera to satisfy itself that the accused has
filed the application voluntarily and the other party in the case shall not be present.

• If Court finds that application was filed involuntarily or accused was previously
convicted for the same offence, it shall proceed further with the case according to
the law from the stage of filing of the application.
 STEP 3: TO PROVIDE TIME FOR
MUTUALLY SATISFACTORY SETTLEMENT
• Provide time to the Public Prosecutor or the complainant and the accused to
work out a mutually satisfactory disposition of the case and fix the date for
further hearing of the case.

• Mutually satisfactory disposition may include compensation to the victim and

other expenses incurred in connection with the case.

• The accused can participate in such meeting with his Pleader/Advocate.

 STEP 4: DUTY OF THE COURT

• To ensure that the entire process of working out a satisfactory disposition of

the case is voluntary.

 STEP 5: REPORT OF MUTUALLY
SATISFACTORY DISPOSITION
• The Court will prepare a report of such disposition and it will be signed by the
Presiding Officer of the Court and the participating parties.

• If mutually satisfactory disposition could not be worked out, the Court will
record its observation and proceed further with the case from the stage of filing
of the application.
 STEP 6: AWARD OF COMPENSATION
AND THE QUANTUM OF PUNISHMENT

• The Court will award compensation to the victim in accordance with the

disposition and hear the parties on the quantum of the punishment, releasing of

the accused on probation of good conduct or after admonition under Section

360, Cr.P.C. or dealing with the accused under the provisions of the Probation

of Offenders Act, 1958.

 STEP 7: JUDGMENT

• The Court will deliver the judgment in the open Court and it shall be signed by the

Presiding Officer of the Court.

• The Judgment will be final and no appeal will lie against it except the writ petition

under Articles 226 and 227 of the Constitution of India and Special Leave Petition

under Article 136 of the Constitution of India against the judgment.

 STEP 9: SETTING OFF PERIOD
ALREADY UNDERGONE

• The period of detention undergone by the accused will be set off against the

sentence of imprisonment passed by the Court since the provision of Section

428, Cr.P.C. is applicable to the Plea Bargaining.

- In spite of government and courts favouring plea bargaining only 0.45% of

cases under the Indian Penal Code (IPC) were disposed after plea

bargaining in 2015, according to data by National Crime Records Bureau.

- Out of 10,502,256 cases under IPC disposed by the courts, plea bargaining

took place in a mere 4,816 cases.

 WITHDRAWAL FROM
PROSECUTION ( SECTION 321)
Yogi Adityanath government in Uttar Pradesh has recommended withdrawal
of prosecution in 131 cases lodged against them in 2013 Muzaffarnagar
communal riots.
A plea was filed in the Supreme Court challenging the withdrawal of 131
cases related to the 2013 Muzaffarnagar communal riots in Uttar Pradesh. In
his plea, Imran, a victim of the riots, has sought the top court’s intervention
to direct the Yogi Adityanath government in UP “to desist from its efforts…
aimed at browbeating its officers into confirming withdrawal from
prosecution as well as appointment of independent prosecutors”.
NOC FOR WITHDRAWING WILDLIFE CRIME
CASE AGAINST ACTOR MOHANLAL DATED
24.02.2020
THE STATE GOVERNMENT WILL HAVE TO EXPLAIN A LOT
REGARDING PUBLIC INTEREST INVOLVED IN THE DECISION.
• In criminology, an offence done by a person is never against any particular
individual but against the whole society (state). Therefore in the criminal
matters, the state itself is a party.
• Section 321 of the Criminal Procedure Code enables the Public
Prosecutor or the Assistant Public Prosecutor to withdraw from the
prosecution of any person either generally or in respect of any one or more of
the offences for which he is tried. For doing so, consent of the Court is
necessary.
Section 321 Cr.P.C. uses the phrase ‘withdrawal from prosecution’ and not
‘withdrawal of prosecution’ the effect being that when prosecution instituted
for one or more offences against one or more persons, the Public Prosecutor
may at any time before the judgement, file an application to withdraw from
Prosecution. i.e. withdrawal of one or more offences against one or all persons.
If the phrase used was ‘withdrawal of Prosecution’ that would have
necessarily meant the closure of case.
 WHO CAN WITHDRAW PROSECUTION

• Public Prosecutor or the Assistant Public Prosecutor in charge of a case to

withdraw from the prosecution with the consent of the Court.

• Special Public Prosecutor appointed to conduct the case can apply for

withdrawal from prosecution.

Prior permission of State Govt. is must and copy of the same be attached
with the application
Public Prosecutor is not absolutely an independent officer. He is an appointee
of the Government. His appointment is to conduct prosecutions on behalf of the
Government. So there is the relationship of counsel and client between the
Public Prosecutor and the Government. He cannot act without instructions from
the Government, cannot conduct a case absolutely on his own or contrary to the
instructions of his client. Therefore, the Public Prosecutor cannot file an
application for withdrawal of a case on his own without instructions from the
Government.
Being a good counsel to his client, the prosecutor is not to blindly follow the

instructions of the Government. On receiving instructions from the

Government, the prosecutor is expected to apply his own mind to the case and

then alone shall take a decision to apply for withdrawal or not to apply for it.
 SCOPE, APPLICABILITY AND GROUNDS
• Before on application made U/S 321 Cr.P.C. the Public Prosecutor has to apply his
mind to the facts of the case independently without being subject to any outside
influence and secondly that the Court, before which the case is pending can not
give its consent to withdraw without itself applying mind to the fact of the case.

• The Supreme Court also opined that the Public Prosecutor can not act like a post
box or act on the dictate of the State Government. He has to act objectively as he is
also an officer of the Court. (2019)
 STAGE OF WITHDRAWAL

• Application for withdrawal from prosecution may be made at any time before
the judgment is pronounced.

• In Rajendra Jain Vs. State (1980)3 SCC 434 the Supreme Court has held that
notwithstanding the fact that offence is exclusively triable by the Court of
Session, the Court of Committing Magistrate is competent to give consent to
the Public Prosecutor to withdraw from the prosecution.
CAN IT BE WITHDRAWN AT APPELLATE
STAGE
NO

‘Court’ means Trial Court, not Appellate Court and also

prosecution is made before a trial Court. So, the Public Prosecutor

can not move an application for withdrawal from the prosecution

before an Appellate Court.

The Supreme Court in Rajender Kumar Jain v State (1980) 3 SCC 435
held that the expression judgment is wide enough to include in its purview
both the courts- court of Committing Magistrate and that of Court of
Session. Thus, both the courts have authority to hear application for
withdrawal from prosecution from the Public Prosecutor.
 RECORDING OF REASONS

• It is necessary that the Court should record reasons about his satisfaction with

the view of the Public Prosecutor but a detailed order is not required.

• COURT MAY ACCEPT OR REJECT THE APPLICATION

• The Court if satisfied can also reject the prayer.
•Abdul Karim and others vs. State of Karnataka (2000) 8 SCC 710, that an
application under Section 321 Cr.P.C. could not be allowed only on the ground
that the State Government had taken a decision for withdrawing the prosecution
and such an order could only be passed after examining the facts and
circumstances of the case..........What the Court has to see is whether the
application is made in good faith, in the interest of public policy and justice and
not to thwart or stifle the process of law. The Court, after considering the facts
of the case, has to see whether the application suffers from such improprieties or
illegalities as would cause manifest injustice, if consent was given.
For instance, in State of U.P. v III Additional District & Sessions Judge 1997
Cri LJ 3021 (All) , the state government sought to withdraw from prosecution
against an infamous lower caste woman dacoit, Phoolan Devi, who committed
various crimes like murder, dacoity, etc., against some higher caste people just
to treat them a lesson so that they do not commit atrocities against lower caste
people. The Public prosecutor in charge sought to withdraw giving reason that
the accused was forced into such crimes due to the various atrocities committed
upon her by the higher caste people.
1. Vigilance Special Court, Thrissur, had rejected the UDF government's
decision to withdraw the palmolein import case against former Chief
Minister K. Karunakaran (Kerala)
• It can not be said that a public prosecutor’s action will be illegal, if he

receives any communication or instruction from the Government.

• On the contrary the Public Prosecutor can not file an application for

withdrawal from prosecution on his own without instruction from the

Government.

• Generally, on following 4 grounds application can be filed:

1. lack of prospect of successful prosecution in the light of evidence, State of

Orissa v. Chandrika Mohapatra, AIR 1977 SC 903.
2. implication of persons as a result of political and personal vendetta,

3. inexpediency of the prosecution for reasons of State and public policy, and

4. adverse effects that the continuance of the prosecution will bring to the public

interest in the light of the changed situation.

5. Pending trial some more information was gathered and brought to the

knowledge of the prosecutor and this new information would falsify the

previous evidence available with the prosecution.

 DUTY OF GOVERNMENT
• Before instructing the Public Prosecutor for withdrawal from the Prosecution,
State Government should also consider the matter carefully and the file in
which consideration is made should contain reasons. When a matter is for
benefit of society there is no scope of its being confidential. If this procedure is
followed chances of favouritism or extraneous political considerations would
be curbed to a great extent.
Whether decision of Withrawal of prosecution open to judicial review in
a writ jurisdiction under Article 226 of the Constitution of India?

Yes it is open to judicial review under Article 226 of the Constitution of India
on the same parameters as are prescribed for invoking the authority of judicial
review. (Cri Misc. 
Writ Petition no. 10861/2015. Ram Narayan Yadav vs State of UP and
others- SC
)
 IF ORDER OF DISMISSAL OF WITHDRAWAL IS

CHALLENGED BY ACCUSED, IS IT NECESSARY FOR

REVISIONAL COURT TO GIVE AN OPPORTUNITY TO

COMPLAINANT/INFORMANT DURING HEARING ?

“Section 401 of Cr. P. C:. High Court’s powers of revision. – (2) No order
under this section shall be made to the prejudice of the accused or other person
unless he has had an opportunity of being heard either personally or by pleader
in his own defense.”

“any other person” necessarily includes the complainant or the informant and
thus, it was incumbent upon the Revisional court to have afforded an
opportunity of hearing to the informant and injured before passing an order in
favour of accused.
 THIRD-PARTY CAN OPPOSE WITHDRAWAL
• Any private individual can oppose the application for withdrawal from prosecution and it
cannot be discounted on grounds of locus standi.

• In case of Sheo Nandan Paswan Vs. State of Bihar (1987) 1 SCC 288, the Supreme Court
has held that since a citizen can lodge an FIR or file a complaint and set machinery of

Criminal law in motion, any member of society must have locus standi to oppose

withdrawal. Particularly the offences of corruption and criminal breach of trust,

being offences against society, any citizen, who is interested in cleanliness of
administration is entitled to oppose application for withdrawal of prosecution.
 EFFECT OF WITHDRAWAL

• The consent, if granted, has to be followed up by discharge or acquittal of

the accused as the case may be. If withdrawal is made before a charge
had been framed, the accused shall be discharged in respect of such
offence or offences and if such withdrawal is made after a charge has
been framed, or when under the Code no charge is required, the accused
shall be acquitted in respect of such offence.
 CENTRAL GOVT. CONSENT

• Unlawful Activities (Prevention) Act, 1967, Explosive Substances Act, 1908

and Arms Act, 1959 etc and the offences falling in Chapter VI of Indian Penal

Code or alike offences the executive power of the Union of India extends,

permission from the Central Government with regard to withdrawal of

prosecution under Section 321 Cr. P. C. shall be necessary.

Whether the State Government after giving sanction for prosecution, review

its own order by issuing orders for withdrawal of the cases?”

YES, State Govt. can still issue order for withdrawal of case but PP should

apply his mind independently keeping in mind the facts and circumstances of

the case.
THANK YOU