Offence u/s 324 of ipc became non compoundable from date of

Offence u/s 324 of IPC became non compoundable from date of notification that is from 31.12.2009

In the case at hand, the incident occurred on 21.02.2009. The Sessions Court ultimately found the convict-petitioners guilty of committing offence punishable under Sections 447 and 324 of IPC. Section 447 is compoundable all along. Offence under Section 324 was compoundable before the Code of Criminal Procedure (Amendment Act), 2005 (Act 25 of 2005) came into force. Though the Act 25 of 2005 was published on 23.06.2006, it was stipulated that it shall come into effect only from the date of its notification. The Amendment Act was brought into force, by notification w.e.f. 31.12.2009. Evidently, on the date of occurrence, the offence under Section 324 of IPC was compoundable with the permission of the Court in view of the provisions prescribed in the table under sub-section (2) of Section 320 of Cr.P.C.
13. The Amendment Act of 2005, intended to give effect w.e.f. the date of notification. So, before the date of notification though the amendment was made and published, it had no force and therefore, the provision which was existing before the date of coming into force and the Amendment Act shall operate. Normally in cases of all compoundable offences, compromise is encouraged and often such cases are referred to Lokadalat or mediation centers to have a settlement of the dispute between the parties with a view to bring amity between the parties and to maintain peace and tranquility. Compromise, in all cases compoundable in nature, is for the benefit and welfare of the society as a whole and therefore, the Courts may encourage such compounding where the parties voluntarily come forward to do so.

Hon'ble Judges/Coram: S.C. Das, J.
citation;2013 CR L J 1712( Gauhati)

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