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Sunil Prabhu   23 July 2018

Section 66 of information technology act whether compoundabl

A person had misused my credit card. He was arrested under section 420 and 66 of the IT Act. He later apologised and returned my money. While section 420 is compoundable, i would like to know if section 66 of the Information technology act is also compoundable


 4 Replies

Vikas Tiwari (Advocate)     23 July 2018

This act has two fold liability (Civil & Criminal), for Civil wrong it is compoundable, but for Criminal wrong it is not Compoundable. However, High Court has power to quash the proceeding. You can approach to the concerned High Court to quash the proceeding U/s 482 CrPC, if  High Court is convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquillity and quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash the proceeding.

Sunil Prabhu   23 July 2018

Thanks for your quick reply. Now the problem is that this persons trial is going on at a Mumbai court. Can the judge acquit him under section 66 of the IT Act if I tell the judge that we have reached a settlement? In fact during the last hearing I have already said the same to the judge.

Vikas Tiwari (Advocate)     23 July 2018

I'm not sure, but you can try by pleading that it is a civil wrong and does not affect any public peace or tranquillity and both the parties have already reach at the mutual settlement….

Best of luck....

Naa Channel Naa Istam   23 July 2018

Court permission is required before compounding – Examples of such offences are theft, criminal breach of trust, voluntarily causing grievous hurt, assault on a woman with intention to outrage her modesty, dishonest misappropriation of property amongst others.

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