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 4 Replies

Pradipta Nath (Advocate)     18 October 2021

It is not compoundable.

Kevin Moses Paul   18 October 2021

Section 322 of the Indian Penal Code (i.e. IPC), 1860 deals with 'Voluntarily causing grievous hurt'.
This section states that — "Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt.”

In the matter of 'Ramkaran Mohton v. State', AIR 1958 Pat 452 it was held that the offence of grievous hurt is not caused unless the offender both causes grievous hurt and intends, or knows himself to be likely, to cause grievous hurt.

Generally, compoundable offences are those which can be settled by paying a certain amount of money.
As per section 320 IPC, the following kinds of hurt only are desig­nated as “grievous”:—
01 — Emasculation.
02 —Permanent privation of the sight of either eye.
03 — Permanent privation of the hearing of either ear,
04 —Privation of any member or joint.
05 — Destruction or permanent impairing of the powers of any member or joint.
06 — Permanent disfiguration of the head or face.
07 —Fracture or dislocation of a bone or tooth.
08 —Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

Based upon the severeness of the offences classified as grievous hurts these are said to be a Non-Compoundable offence.

Hope the entire concept is clear.

Regards,
Kevin M. Paul

Advocate Bhartesh goyal (advocate)     18 October 2021

Offence u/ sec 332 IPC is non compoundable .It relates to causing grivious hurt and punishable with three years imprisonment and fine.

minakshi bindhani   18 October 2021

As per your concerned query!

Section 332 of the Indian penal code, 1860 enunciated
Voluntarily causing hurt to deter public servants from their duty.—Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public serv­ant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either descrip­tion for a term which may extend to three years, or with fine, or with both.

It's a non-compoundable offence and non-cognizable and also a non-bailable offence.
Under section 320 of the criminal procedure code, the offence is not listed under compoundable offence. Section 320 sub. sec(9) says no offence shall be compounded except as provided by this section.

Narsayay vs. State (AIR 1953)
The essentials and prerequisites for application of the section are that the public servant must have been acting in the discharge of his duty as the public servant. Such discharge of duty must be referable to a particular case.

Regards
Minakshi Bindhani

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