23 March 2008
Normally a criminal offence is regarded as a crime against the state, and the victim or the complainant has no right to withdraw the complaint. However, certain offences of less serious nature have specifically made compoundable- it means a person like victim, or the complainant or soemetime state can compound the offence, i.e. let the accused go scot free. Compounding has same effect as acquittal from the charges.
S.320 => Compounding of offences. (1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table :--
Offence Section of the Indian Penal Code Applicable Person by whom offence may be compounded 1 2 3 Uttering words, etc, with deliberate intent to wound the religious feelings of any person. 298 The person whose religious feelings are intended to be wounded. Causing hurt. 323, 334 The person to whom the hurt is caused. Wrongfully restraining or confining any person. 341, 342 The person restrainedor confined. Assault or use of criminal force. 352, 355, 358 The person assaulted or to whom criminal force is used. Mischief, when the only loss or damage to a private person. 426, 427 The person to whom the loss or damage is caused. Criminal tresspass. 447 The person in possession of the property tresspassed upon. House tresspass. 448 Ditto. Criminal breach of contract of service. 491 The person with whom the offender has contracted. Adultery. 497 The husband of the woman. Enticing or taking away or detaining with criminal intent a married woman. 498 Ditto. Defamation, except such cases as are specified against Section 500 of the Indian Penal Code (45 of 1860) in Column 1 of the Table under sub-section (2). 500 The person defamed. Printing or engraving matter, knowing it to be defamatory. 501 Ditto. Sale of printed or engraved substances containing defamatory matter, knowing it to contain such matter. 502 Ditto. Insult intended to provoke a breach of the peace. 504 The person insulted. Criminal intimidation except when the offence is punishable with imprisionment for seven years. 506 The person intimidated. Act caused by making a person believe that he will be an object of devine displeasure. 508 The person against whom the offence was committed.
(2) The offences punishable under the section of the Indian Penal Code (45 of 1860), specified in the first two columns of the table next following may, with the permission of the court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table :--
Offence Section of the Indian Penal Code Applicable Person by whom offence may be compounded 1 2 3 Voluntarily causing hurt by dangerous weapons or means. 324 The person to whom hurt caused. Voluntarily causing grievous hurt. 325 Ditto. Voluntarily causing grievous hurt on grave and sudden provocation. 335 Ditto. Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety or others. 337 Ditto. Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. 338 Ditto. Wrongfully confining a person for three days or more. 343 The person confined. Wrongfully confined for ten or more days. 344 Ditto. Wrongfully confining a person in secret. 346 Ditto. Assault or criminal force to woman with intent to outrage her modesty. 354 The woman assaulted to whom the criminal force was used. Assault or criminal force in attempting wrongfully to confine a person. 357 The person assaulted or to whom the force was used. Theft, where the value of property stolen does not exceed two hundred and fifty rupees. 379 The owner of the property stolen. Theft by clerk or servant of property in possession of master, where the value of the property stolen does not excee two hundred and fifty rupees. 381 Ditto. Dishonest misappropriation. 403 The owner of the property misappropriated. Criminal breach of trust, where the value of the property does not exceed two hundred and fifty rupees. 406 The owner of the property in respect of which the breach of trust has been committed. Criminal breach of trust by a car