Whether compounding amounts to admission or confession ?
Arvind Singh Chauhan
(Querist) 29 September 2013
This query is : Resolved
Sir,
Under Uttarakhand Excise laws-
If any body carries liqueur on a vehicle. Vehicle may be seized under Sec 72, and accused is charged with offence of Sec 60.
Under Sec 72 only District Magistrate is empowered to release a vehicle on compounding the offence under sec 72. and not the JM.
But Offence under Sec 60 is tried by JM First class.
Sir generally accuseds compound under Sec 72 before DM and get the vehicle released.
Sir whether this compounding amounts to confession of offence and it may affect the trail of Sec 60 in the court of JM.
Please advice with law point if any.
santhosh.g.
(Expert) 30 September 2013
compounding the offence is admission of offence. it compounded it may have the chance to affect adversely in the trial
Kolla Gangadhar
(Expert) 01 October 2013
Compound means compromise, settle amicably.Once case is compounded means withdrawn and there is no offence at all. Plead Guilty means committed offence, Accused will be convicted without Trial being conducted. Release of Vehicle you need not pleased guilty. Police want to compound offence it does not amount plead guilty.
santhosh.g.
(Expert) 01 October 2013
i am sorry mr kolla gangadhar, compounding as per section 320 cr.p.c is correct as what you said, but in excise act, customs, and forest act etc compounding the offence is paying a fine amount to the concerned department as penalty, so it among to admission of offence
Guest
(Expert) 03 October 2013
I endorse the views of Shri Kolla Gangadhar, as compunding denotes only settlement of the case by consent, not by confession of any party. In the context of law, two different meanings of a single term cannot be expected.
Arvind Singh Chauhan
(Querist) 03 October 2013
Thanks Dhigara Sir!. Whether this issue has been decided by any higher courts. If, please refer.
Guest
(Expert) 03 October 2013
Mr. Arvind,
I have not come across any such judgment. I expressed my opinion only. Moreover, Legal Glossary, as issued by the then Ministry of Law Justice and Company Affairs spelled the similar meanning under Sec. 320 of CrPC, sec.279 (2) of IT Act, and sec. 44(2) of the Presidency Towns Insolvancy Act, which conveys the meaning of settlement (smjhauta karna) to refrain from trial. There is no reference to the excise act, customs, and forest act, as referred by Santhosh g to convey any different meaning, i.e. to represent any type of confession.
