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SANJAY DIXIT (Advocate)     07 March 2008

COMPOUNDABLE OFFENCES

 
 
COMPOUNDABLE OFFENCES
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 :--
 
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.



Learning

 9 Replies

Kalpana.S (-)     07 March 2008

Thanks for the info

SANJAY DIXIT (Advocate)     16 March 2008

Thanks & Welcome Dear Kalpana...........

(Guest)

Useful compilation for quick refresh.

Amit Anil Kulkarni (Legal Head)     22 December 2009

Whether 302 of I.P.C. is compoundable offence or not.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     23 December 2009

no, 302 is not a compoundable offence

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     23 December 2009

it is 324 not 334 IPC

NAVDEEP SINGH SRAN (student)     14 August 2011

sir

i obtain rare & costly knowledge fro above table

THANKACHAN V P (Advocate & Notary)     16 August 2011

Dear Sanjay Dixit

1.You have attached only Section 320(1) Crpc , the offences which are compoundable without permission of the court.

2.320(2) , the offences which can be compunded with the permission of the court also therin Crpc.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 August 2011

IN RECENT AMENDMENTS IN CR.P.C - O MANY CHANGES WERE TOOK PLACED- PLS READ THE ATTACHED  LINK 

 

https://www.taxindiaonline.com/RC2/pdfdocs/Crpc.pdf

 

23. In section 320 of the principal Act,—

(i) in sub-section (1), for the TABLE, the following TABLE shall be substituted,

namely:—

“TABLE

Offence Section of the Person by whom offence

Indian Penal may be compounded

Code applicable

1 2 3

Uttering words, etc., with deliberate 298 The person whose religious feelings

intent to wound the religious are intended to be wounded.

feelings of any person.

Voluntarily causing hurt. 323 The person to whom the hurt is

caused.

Voluntarily causing hurt on 334 Ditto.

provocation.

A m e n d m e n t

of   s e c t ion

2 7 5 .

A m e n d m e n t

of   s e c t ion

3 1 3 .

A m e n d m e n t

of   s e c t ion

3 2 0 .

45 of  1860.

A m e n d m e n t

of   s e c t ion

3 0 9 .

45 of  1860.7

Voluntarily causing grievous hurt 335 Ditto.

on grave and sudden provocation.

Wrongfully restraining or confining 341, The person restrained or confined.

any person. 342

Wrongfully confining a person for 343 The person confined.

three days or more

Wrongfully confining a person for 344 Ditto.

ten days or more.

Wrongfully confining a person in 346 Ditto.

secret.

Assault or use of criminal force. 352, The person assaulted or to whom

3 5 5 , criminal force is used.

3 5 8

Theft. 379 The owner of the property stolen.

Dishonest misappropriation of 403 The owner of the property

property. misappropriated.

Criminal breach of trust by a carrier, 407 Ditto.

wharfinger, etc.

Dishonestly receiving stolen 411 The owner of the property stolen.

property knowing it to be stolen.

Assisting in the concealment or 414 Ditto.

disposal of stolen property, knowing

it to be stolen.

Cheating. 417 The  person cheated.

Cheating by personation. 419 Ditto.

Fraudulent removal or concealment 421 The creditors who are affected

of property, etc., to prevent thereby.

distribution among creditors.

Fraudulently preventing from being 422 Ditto.

made available for his creditors a

debt or demand due to the offender.

Fraudulent execution of deed of 423 The person affected thereby.

transfer containing false statement

of consideration.

Fraudulent removal or concealment 424 Ditto.

of property.

Mischief, when the only loss or 426, The person to whom the loss or

damage caused is loss or damage to 427 damage is caused.

a private person.

1 2 38

Mischief by killing or maiming 428 The owner of the animal.

animal.

Mischief by killing or maiming 429 The owner of the cattle or animal.

cattle, etc.

Mischief by injury to works of 430 The person to whom the loss or

irrigation by wrongfully diverting damage is caused.

water when the only loss or damage

caused is loss or damage to private

person.

Criminal trespass. 447 The person in possession of the

property trespassed upon.

House-trespass. 448 Ditto.

House-trespass to commit an 451 The person in possession of the

offence (other than theft) punishable house trespassed upon.

with imprisonment.

Using a false trade  or property 482 The person to whom loss or injury is

mark. caused by such use.

Counterfeiting a trade or property 483 The person to whom loss or injury is

mark used by another. caused by such use.

Knowingly selling, or exposing or 486 Ditto.

possessing for sale or for

manufacturing purpose, goods

marked with a counterfeit property

mark.

Criminal breach of contract of 491 The person with whom the offender

service. has contracted.

Adultery. 497 The husband of the woman.

Enticing or taking away or detaining 498 The husband of the woman and the

with criminal intent a married woman

woman.

Defamation, except such cases as 500 The person defamed.

are specified against section 500 of

the Indian Penal Code (45 of 1860)

in column 1 of the Table under

sub-section (2).

Printing or engraving matter, 501 Ditto.

knowing it to be defamatory.

Sale of printed or engraved 502 Ditto.

substance containing defamatory

1 2 39

matter, knowing it to contain such

matter.

Insult intended to provoke a breach 504 The person insulted.

of the peace.

Criminal intimidation. 506 The person intimidated.

Inducing person to believe himself 508 The person induced.”;

an object of divine displeasure.

(ii) in sub-section (2), for the TABLE the following TABLE shall be substituted, namely:—

“ TABLE

Offence Section of the Person by whom offence

Indian Penal may be compounded

Code applicable

1 2 3

Causing miscarriage. 312 The woman to whom miscarriage is

caused.

Voluntarily causing grievous hurt. 325 The person to whom hurt is caused.

Causing hurt by doing an act so 337 Ditto.

rashly and negligently as to

endanger human life or the personal

safety of others.

Causing grievous hurt by doing an 338 Ditto.

act so rashly and negligently as to

endanger human life or the personal

safety of others.

Assault or criminal force in 357 The person assaulted or to whom

attempting wrongfully to confine a the force was used.

person.

Theft, by clerk or servant of 381 The owner of the property stolen.

property in possession of master.

Criminal breach of trust 406 The owner of property in respect of

which breach of trust has

been committed.

Criminal breach of trust by a clerk 408 The owner of the property in respect

or servant. of which the breach of trust has been

committed.

Cheating a person whose interest 418 The person cheated.

the offender was bound, either by

law or by legal contract, to protect.

Cheating and dishonestly inducing 420 The person cheated.

delivery of property or the making,

alteration or destruction of a valuable

security.

1 2 310

Marrying again during the life-time 494 The husband or wife of the person so

of a husband or wife. marrying.

Defamation against the President or the 500 The person defamed.

Vice-President or the Governor of a

State or the Administrator of a Union

territory or a Minister in respect of his

public functions when instituted upon

a complaint made by the Public

Prosecutor.

Uttering words or sounds or making 509 The woman whom it was intended to

gestures or exhibiting any object insult or whose privacy was intruded

intending to insult the modesty of a upon.”;

woman or intruding upon the privacy of

a woman.

(iii) for sub-section (3), the following sub-section shall be substituted, namely:—

"(3) When an 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) or where the accused is liable under sections 34 or 149 of the

Indian Penal Code may be compounded in like manner.".

24. In section 327 of the principle Act,—

(a) in sub-section (2), after the proviso, the following proviso shall be inserted,

namely:—

"Provided further that  in camera trial shall be conducted as far as

practicable by a woman Judge or Magistrate.";

(b) in sub-section (3), the following proviso shall be inserted, namely:—

"Provided that the ban on printing or publication of trial proceedings in

r e l a t i o n   t o   a n   o f f e n c e   o f   r a p e  ma y   b e   l i f t e d ,   s u b j e c t   t o  ma i n t a i n i n g

confidentiality of name and address of the parties.".

25. In section 328 of the principal Act,—

(a) after sub-section (1), the following sub-section shall be inserted, namely:—

"(1A) If the civil surgeon finds the accused to be of unsound mind, he

shall refer such person to a psychiatrist or clinical psychologist for care,

treatment and prognosis of the condition and the psychiatrist or clinical

psychologist, as the case may be, shall inform the Magistrate whether the

accused is suffering from unsoundness of mind or mental retardation:

Provided that if the accused is aggrieved by the information given by the

psychiatric or clinical psychologist, as the case may be, to the Magistrate, he

may prefer an appeal before the Medical Board which shall consist of-

(a) head of psychiatry unit in the nearest government hospital; and

(b) a faculty member in psychiatry in the nearest medical college;’’

(b) for sub-section (3), the following sub-sections shall be substituted, namely:—

"(3) If such Magistrate is informed that the person referred to in subsection (1A) is a person of unsound mind, the Magistrate shall further

determine whether the unsoundness of mind renders the accused incapable of

entering defence and if the accused is found so incapable, the Magistrate shall

record a finding to that effect, and shall examine the record of evidence

produced by the prosecution and after hearing the advocate of the accused but

A m e n d m e n t

of   s e c t ion

3 2 7 .

A m e n d m e n t

of   s e c t ion

3 2 8 .

1 2 311

without questioning the accused, if he finds that no prima facie case is made

out against the accused, he shall, instead of postponing the enquiry, discharge

the accused and deal with him in the manner provided under section 330:

Provided that if the Magistrate finds that a prima facie case is made out

against the accused in respect of whom a finding of unsoundness of mind is

arrived at, he shall postpone the proceeding for such period, as in the opinion of

the psychiatrist or clinical psychologist, is required for the treatment of the

accused, and order the accused to be dealt with as provided under section 330.

(4) If such Magistrate is informed that the person referred to in subsection (1A) is a person with mental retardation, the Magistrate shall further

determine whether the mental retardation renders the accused incapable of

entering defence, and if the accused is found so incapable, the Magistrate shall

order closure of the inquiry and deal with the accused in the manner provided

under section 330.".

26. In section 329 of the principal Act,—

(a) after sub-section (1), the following sub-section shall be inserted, namely:—

"(1A) If during trial, the Magistrate or Court of Sessions finds the accused

to be of unsound mind, he or it shall refer such person to a psychiatrist or

clinical psychologist for care and treatment, and the psychiatrist or clinical

psychologist, as the case may be  shall report to the Magistrate or Court whether

the accused is suffering from unsoundness of mind:

Provided that if the accused is aggrieved by the information given by the

psychiatric or clinical psychologist, as the case may be, to the Magistrate, he

may prefer an appeal before the Medical Board which shall consist of—

(a) head of psychiatry unit in the nearest government hospital; and

(b) a faculty member in psychiatry in the nearest medical college.’’;

(b) for sub-section (2), the following sub-sections shall be substituted, namely:—

"(2) If such Magistrate or Court is informed that the person referred to in

sub-section (1A) is a person of unsound mind, the Magistrate or Court shall

further determine whether unsoundness of mind renders the accused incapable

of entering defence and if the accused is found so incapable, the Magistrate or

Court shall record a finding to that effect and shall examine the record of evidence

produced by the prosecution and after hearing the advocate of the accused but

without questioning the accused, if the Magistrate or Court finds that no prima

facie case is made out against the accused, he or it shall, instead of postponing

the trial, discharge the accused and deal with him in the manner provided under

section 330:

Provided that if the Magistrate or Court finds that a prima facie case is made out

against the accused in respect of whom a finding of unsoundness of mind is arrived

at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or

clinical psychologist, is required for the treatment of the accused.

(3) If the Magistrate or Court finds that a prima facie case is made out

against the accused and he is incapable of entering defence by reason of mental

retardation, he or it shall not hold the trial and order the accused to be dealt

with in accordance with section 330.".

27. For section 330 of the principal Act, the following section shall be substituted,

namely:—

A m e n d m e n t

of   s e c t ion

3 2 9 .

Substitution

of new section

for sect


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