COMPOUNDABLE AND NON-COMPOUNDABLE OFFENSES

by | Nov 8, 2023

COMPOUNDABLE AND NON-COMPOUNDABLE OFFENSES

INTRODUCTION

Within the legal realm, offenses are systematically categorized into two primary classifications, known as ‘Compoundable and Non-Compoundable offenses’ under Criminal Procedure Code . These categorizations serve as a fundamental framework that aids in gauging the gravity of various offenses and delineates the specific mechanisms by which they are handled within the legal system.

COMPOUNDABLE OFFENSES

Meaning of Compoundable Offenses

Compoundable Offenses are characterized by the possibility for the victim, who initiated the case, to withdraw charges against the accused through a legitimate compromise. This compromise should be reached without any ulterior motives or undue benefits for the victim.

Categories of Compoundable Offenses

Under Section 320 of the CrPC, Compoundable Offenses are further subcategorized into two groups based on the necessity of court permission:

No Court Permission Needed – In this category, offenses can be resolved without prior approval from the court. Examples of such offenses include-

  • Adultery (Section 497, IPC)
  • Causing minor injuries intentionally (Section 323, IPC)
  • Defamation (Section 500, IPC)
  • Unlawful entry onto someone else’s property (Section 447, IPC)

Court Permission Needed To settle these offenses through compromise, prior permission from the court is essential. Examples of such offenses are-

  • Theft (Section 379, IPC)
  • Misappropriation of entrusted property (Section 406, IPC)
  • Causing serious injuries intentionally (Section 325, IPC)
  • Assault with intent to outrage a woman’s modesty.(Section 354, IPC)
  • Dishonest use of property (Section 403, IPC)

Procedure for Compounding Compoundable Offenses

Applications to settle Compoundable Offense through compromise must be submitted to the same court where the trial is ongoing. Once an offense is resolved in this manner, it is treated as if the accused has been found not guilty. However, certain offenses, although compoundable, require the court’s permission, particularly if the accused has been found guilty, emphasizing their seriousness and the potential negative societal impact.

Examples of Compoundable Offenses

  • Intentional religious insult  (Section 298, IPC)
  • Unauthorized entry into a building.(Section 448, IPC)
  • Breach of service contract.(Section 491, IPC)
  • Printing or engraving defamatory material knowingly (Section 500, IPC)

NON-COMPOUNDABLE OFFENSES

Meaning of Non-Compoundable Offenses

Non-Compoundable Offenses represent grave crimes that cannot be resolved through compromise. Instead, they can only be dismissed or quashed. The severity of these offenses is such that the accused cannot evade punishment. Often, these cases are initiated by the state or the police, rendering the victim’s compromise irrelevant.

Examples of Non-Compoundable Offenses

Non-Compoundable Offenses encompass a range of serious criminal actions, including:

  • Inflicting harm with dangerous means.(Section 324, IPC)
  • Careless driving on a public road.(Section 279, IPC)
  • Illegal confinement for three or more days.(Section 343, IPC)
  • Assault with intent to violate a woman’s modesty.(Section 354, IPC)
  • Breach of trust by a public servant, banker, merchant, or agent (Section 409, IPC)
  • Damaging public infrastructure, making it unsafe for travel (Section 431, IPC)
  • Creating fraudulent marks used by public servants to denote property ownership or quality (Section 484, IPC)

In Non-Compoundable Offenses, no compromise is permissible, and even the court lacks the authority to mediate. A full trial ensues, with the offender either being acquitted or convicted based on the presented evidence.

CONCLUSION

The classification of offenses into Compoundable and Non-Compoundable categories serves as a foundational framework within legal systems. Compoundable Offenses, distinguished by their less severe nature, offer the possibility of resolution through compromise, often with the consent of the aggrieved party. This approach aligns with the principle of leniency and promotes reconciliation in cases where the harm caused is relatively minor. In contrast, Non-Compoundable Offenses, marked by their gravity and societal impact, reject the possibility of compromise, underscoring the need for full trials to ensure justice. This distinction emphasizes the balance between individual rights and the broader welfare of society, highlighting that more serious transgressions warrant a stricter approach to accountability and punishment, while less severe ones encourage opportunities for reconciliation.

Reference

1-https://m.economictimes.com/news/india/hcs-can-quash-criminal-proceedings-using-inherent-powers-even-in-non-compoundable-offences-sc/amp_articleshow/86619794.cms -THE ECONOMIC TIMES

2-https://m.economictimes.com/news/politics-and-nation/judicial-restraint-needed-to-permit-compounding-of-offencessc/amp_articleshow/57331062.cms -THE ECONOMIC TIMES

3-https://www.thehindu.com/news/national/high-courts-can-quash-prosecution-for-noncompoundable-offences/article3670507.ece/amp/ -THE HINDU

4-https://timesofindia.indiatimes.com/city/mumbai/making-section-498a-ipc-offence-compoundable-is-important-bombay-hc/amp_articleshow/94806576.cms -THE TIMES OF INDIA

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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