Compounding of Offences | Criminal Law - CLAT PG PDF Download

Introduction

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. The object of Section 320 of the Code is to promote friendliness between the parties so that peace between them is restored.
Compounding of Offences means to establish a compromise between two parties, where the complainant agrees to have the charges dropped against the accused. On this basis, offences are divided into two categories:

• Compoundable Offences
• Non-Compoundable Offences

Compoundable Offences

• These are less serious in nature and are of two different types as mentioned under S. 320 in two different tables:
• Compounding without the permission of the Court— Examples of these offences include adultery, causing hurt, defamation, and criminal trespass.
• Court permission is required before compounding— Examples of such offences are theft, voluntarily causing grievous hurt, assault on a woman with the intention to outrage her modesty, dishonest misappropriation of property, and criminal breach of trust.

Compounding without the permission of the Court

Uttering words, etc. with deliberate intent to wound the religious feelings of a person

• Section of the I.P.C.: 298
• Person by whom offence may be compounded: The person whose religious feelings are intended to be wounded

Causing hurt

• Section of the I.P.C.: 323, 334
• Person by whom offence may be compounded: The person to whom the hurt is caused

Wrongfully restraining or confining any person

• Section of the I.P.C.: 341, 342
• Person by whom offence may be compounded: The person restrained or confined

Assault or use of criminal force

• Section of the I.P.C.: 352, 355, 358
• Person by whom offence may be compounded: The person assaulted or to whom criminal force is used

Mischief, when the only loss or damage caused is loss or damage to a private person

• Section of the I.P.C.: 426, 427
• Person by whom offence may be compounded: The person to whom the loss or damage is caused

Criminal trespass

• Section of the I.P.C.: 447
• Person by whom offence may be compounded: The person in possession of the property trespassed upon

House-trespass

• Section of the I.P.C.: 448
• Person by whom offence may be compounded: The person in possession of the property trespassed upon

Court permission is required before compounding

• Voluntarily causing grievous hurt
  • Section of the I.P.C.: 325
  • Person by whom offence may be compounded: The person to whom hurt is caused
• Voluntarily causing grievous hurt on grave and sudden provocation
  • Section of the I.P.C.: 335
  • Person by whom offence may be compounded: The person to whom hurt is caused
• Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others
  • Section of the I.P.C.: 337
  • Person by whom offence may be compounded: The person to whom hurt is caused
• Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others
  • Section of the I.P.C.: 338
  • Person by whom offence may be compounded: The person to whom hurt is caused
• Wrongfully confining a person for three days or more
  • Section of the I.P.C.: 343
  • Person by whom offence may be compounded: The person confined
• Wrongfully confining for ten or more days
  • Section of the I.P.C.: 344
  • Person by whom offence may be compounded: The person confined
• Wrongfully confining a person in secret
  • Section of the I.P.C.: 346
  • Person by whom offence may be compounded: The person confined
• Assault or criminal force to a woman with intent to outrage her modesty
  • Section of the I.P.C.: 354
  • Person by whom offence may be compounded: The woman assaulted to whom the criminal force was used

Other provisions governing Compounding of Offences

• The general rule under subsection (3) states that when an 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 a similar manner.
• According to Subsection (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 permission of the Court to which he is committed or, as the case may be, before which the appeal is to be heard. Applications for compounding the offence shall be made before the same court before which the trial is proceeding.
• Subsection (6) provides that a High Court or Court of Session exercising 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.
• Subsection (7) imposes a limitation on the compounding of offences. It states that no offence shall be compounded if the accused is, by reason of a previous conviction, liable to either enhanced punishment or a punishment of a different kind for such offence.

Effect of Compounding of an Offence

Subsection (8) specifies that compounding an offence under section 320 shall result in the acquittal of the accused with whom such offence has been compounded.

Prohibition Regarding Compounding Of Offences

Subsection (9) prohibits any contravention of the provisions of Section 320. It states that no offence shall be compounded except as provided by Section 320 of the Code.