Procedural
MANOJ KUMAR
(Querist) 29 March 2012
This query is : Resolved
Sir,
Please give information on Whether Section 435 of I.P.C. is compoundable or not, if compoundable whether it has entered in Section 320 of Cr.P.C. Amendment or not, if so were can i found it.
Regards.
Raj Kumar Makkad
(Expert) 29 March 2012
Section 435 IPC is neither compoundable nor included in the amendment list under section 320 of Criminal procedure code.
Deepak Nair
(Expert) 29 March 2012
agree with mr.rajkumar
Shonee Kapoor
(Expert) 30 March 2012
Nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 30 March 2012
Shri Raj adequately informed u.
Ajay Bansal
(Expert) 30 March 2012
As advised by Makkad.
SAINATH DEVALLA
(Expert) 31 March 2012
Dear Manoj,
Section 435 ipc is not compoundable only in the trial court.Depending on the velocity of the offence,it is ompoundable in higher courts.
I am giving you section 435 ipc.
Section 435. State Government to act after consultation with Central Government in certain cases.
(1) The powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence-
(a) Which was investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, or
(b) Which involved the misappropriation or destruction of or damage to, any property belonging to the Central Government, or
(c) Which was committed by a person in the service of the Central Government, while acting or purporting to act in the discharge of his official duty
shall not be exercised by the State Government except after consultation with the Central Government.
(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which arc to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends.
Section 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees
Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards 1[or(where the property is agricultural produce) ten rupees or upwards], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
THIS IS COURTESY VAKILNO1.COM
MANOJ KUMAR
(Querist) 31 March 2012
thanks for every one and each one.
Regards,
Manoj Kumar........
