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Advocate Garvit Vinayak (Advocate)     05 February 2012

Compounding of an offence under section 320 c.r.p.c

hyi

i need to know about the amendment made in the crpc in regard to the compounding of an offence u/s 379 and 411 of i.p.c , 

 is compounding of an offence is a unilateral process ?

when an offence can be compounded ?

can an offence of theft of the property of value more than 1,00,000 rs be compounded ?

reply  asap. if possible than with case laws ..... 



Learning

 20 Replies

sridhar pasumarthy (ADVOCATE)     05 February 2012

Dear Vinayak,

Both sections i.e. 379 and 411 IPC are compoundable u/s 320 Cr.p.c. irrespective the value of property.

Both the accused and the owner of the property stolen must give consent for compounding the above offences.

Go through the table in Section 320(1).  No case law is required for this simple aspect.

Advocate Garvit Vinayak (Advocate)     07 February 2012

thanx,

even i was thinking so, but section 320(2) puzzled me.....!!!!!!

but still it is the magistrate who has to give permission to compound an offence 

munnu (advocate )     07 February 2012

for compounding an offence consent of accused not required..compounding is not pari meteria with compromise....its a unilateral process....the witness who is real aggrievd can compound the offence.

munnu (advocate )     07 February 2012

yes leave of the court is required in ofences compoundable with leave.

Chaitanya_Lawyer_Mumbai (Lawyer)     08 February 2012

Compoundable offences are compoundable with the permission of court between accused & complainant.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 February 2012

Even compounable offenses need consent of complainant.

munnu (advocate )     08 February 2012

the term composition used in sec.320 CrPC is a unilateral act...decision ;2007 (4) KLT 706

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     08 February 2012

The section gives details of the persons who can compound .

munnu (advocate )     08 February 2012

what i meant is the consent or appearance of accused not requires 

Advocate Garvit Vinayak (Advocate)     09 February 2012

thanx guys

will there be some suspicion if an offence is compounded before framing of charges.......

generally it gives an impression that accused have purchased the witness/complainant 

Chaitanya_Lawyer_Mumbai (Lawyer)     10 February 2012

You need not worry about the impression as the case will be over after compounding.

The sections are made compoundable to reduce the burden on judiciary only.

1 Like

Advocate Garvit Vinayak (Advocate)     11 February 2012

thanx for the reply....

Shashi (NA)     02 May 2012

Hi, my quarry is whether compromise can happen with one accused?

2. IPC section 323, 504 & 325

3. Under section 320 (1) 323 & 504 are compudable offence so it can be done with out the court permission but IPC 325 need curt permission.......thru CrPC 320 (2), kindly confirm the process of compromise and can it be done with one accused.

4. pls provide me some case Law for reference.

Anjuru Chandra Sekhar (Advocate )     02 May 2012

@Adv. Vinayak.  Sec.320(1) Cr.PC contains a table of offenses which can be compromised by parties themselves.  Section 320(2) contains a table of offenses wherein the parties should obtain the permission of court to arrive at a compromise.

 

@ Shashi.  All the parties accused shall be part of compromise.


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