compoundable vs noncompoundable offence
Querist :
Anonymous
(Querist) 30 July 2011
This query is : Resolved
what are the power of court with regard to both types of offnces.in what cases permission of court is req or not.pls mention the relevant section of crpc.
Querist :
Anonymous
(Querist) 30 July 2011
i want to draw more serious attention of
other experts
jatin sharma
(Expert) 30 July 2011
compoundable and noncompoundable offence are
serious and no serious offence.the court have no power to start the proceeding in compoundable offence if the complainant does not desire to further proceed but in non compoundable the court have power to proceed the case on sou moto with our discretionary power 482 crpc
THANKACHAN V P
(Expert) 30 July 2011
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 wards, etc., with deliberate intent to wound the religious feeling 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 restrained or 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 caused is loss or damage to a private person.
426, 427
The Person to whom loss or damage is caused.
Criminal trespass.
447
The Person in possession of property trespassed upon.
House trespass
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.
1[Defamation, except such case as are specified against section 500 of the Indian Penal Code 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 substance 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 imprisonment for seven years.
506
The person intimidated
Act caused by making a person believe that he will be an object of divine displeasure.
508
The person against whom the offence was committed.
1. Subs. by Act 45 of 1978, sec. 25, for "Defamation (w.e.f. 18-12-1978)"
(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.
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 is 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 of 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 confining for ten or more days.
344
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 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 exceed two hundred and fifty rupees.
381
Ditto
Dishonest misappropriation of property.
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 carrier, wharfinger, etc. value of property does not exceed two hundred and fifty rupees
407
Ditto
Criminal breach of trust by a clerk or servant, where the value of the property does not exceed two hundred and fifty rupees.
408
Ditto.
Dishonestly receiving stolen property, knowing it to be stolen, when the value of the stolen property does not exceed two hundred and fifty rupees.
411
The owner of the property stolen.
Assisting in the concealment or disposal of stolen property, knowing it to be stolen, where the value of the stolen property does not exceed two hundred and fifty rupees.
414
The owner of the property stolen.
Cheating.
417
The person cheated.
Cheating a person whose interest the offender was bound. Either by law or by legal contract, to protect.
418
Ditto.
Cheating by personation:
419
Ditto.
Cheating and dishonestly including delivery of property or the making, alteration or destruction of a valuable security.
420
Ditto.
Fraudulent removal or concealment of property, etc. to prevent distribution among creditors.
421
The creditors who are affected thereby.
Fraudulently preventing from being made available for his creditors a debit or demand due to the offender.
422
Ditto.
Fraudulent execution of deed of transfer containing false statement of consideration.
423
The person affected thereby.
Fraudulent removal or concealment of property.
424
Ditto.
Mischief by killing or maiming animal of the value of ten rupees or up wards.
428
The owner of the animal.
Mischief by killing or maiming cattle, etc. of any value or of any other animal of the value of fifty rupees or up wards.
429
The owner of the cattle or animal.
Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person.
430
The person to whom the loss or damage is caused.
House-trespass to commit an offence (other than theft) punishable with imprisonment.
451
The person in possession of the house-trespassed upon.
Counterfeiting a trade or property mark used by another.
483
The person whose trade or property mark is counterfeited.
Knowingly selling or exposing or possessing for sale or for manufacturing purpose. Good marked with a counterfeited property mark.
486
Ditto.
Marrying again during the lifetime of a husband or wife.
494
The husband or wife of the person so marrying.
Defamation against the President 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.
500
The person defamed.
Uttering wards or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman.
509
The woman whom it was intended to insult or whose privacy was intruded upon.
(3) When any offence is compoundable under this section, 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.
(4) (a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf, may, with the permission of the Court compound such offence. (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil procedure, 1908 (5 of 1908) of such person may, with the consent of the court compound such offence.
(5) 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.
(6) A High Court or Court of session acting in the exercise of its power of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section.
(7) No offence shall be compounded if the accused is, by reason of previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(8) The Composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(9) No offence shall be compounded except as provided by this section.
State Amendment
Madhya Pradesh.
In section, in the table below sub-section (2),-. (i) in column first, second and third before section 324 and entries relating thereto, the following sections and entries relating thereto shall be inserted, namely:-.
"(1) (2) (3)
Rioting 147
The person against whom the force or violence is used at the time of committing an offence:
Provided that the accused is not charged with other offence which is not compundable.
Rioting armed with deadly weapon 148
The person against whom the force or violence is used at the time of committing an offence:
Provided that the accused is not charged with other offence which is not compundable.
Obscene acts or use of obscene words 294 The person against whom abscene acts were done or obscene words were used."
(ii) in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating thereto shall be inserted, namely:-
Criminal intimidation if threat to be cause death or grievous hurt, etc. Part II of section 506 The person against whom the offence of Criminal Intimidation was committed."
[Vide Madhya Pradesh Act 17 of 1999, sec. 3 (w.e.f. 21-5-1999)]
THANKACHAN V P
(Expert) 30 July 2011
For offences under section 320(1) Crpc permission of the court is not required for compounding whereas offences coming under 320(2) Crpc permission of the court is required
Querist :
Anonymous
(Querist) 31 July 2011
THANK U VP
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 July 2011
