Grant Of Leave Contemplated Under Section 320(5) CrPC is Not Automatic: Supreme Court

SUMMARY

• In the case of two police officers accused of custodial violence at a police station situated in Odisha in the year 1988.
• The violence was such that it led to the death of a man.
• Both the accused had submitted for the compounding of their offences as they are now of more than 75 years of age and in the view of a settlement reached by the accused with the victims.
• The Supreme Court held that their offences cannot be compounded even if a settlement happened between the accused and the victim.

BENCH'S POINT OF VIEW

• The Bench comprising of Justice Ashok Bhushan and Justice Ajay Rastogi held that the offence committed by both accused is a clear violation Article 21.
• It was held that the offence was not only against the diseased but against humanity.
• Therefore, the Bench ruled that the offences of the accused could not be compounded automatically under Section 320(5) CrPC.
• “No composition for the offence shall be allowed without the leave of the court”, the Supreme Court held.
• However, the sentence of both the accused was reduced and they were asked to pay a compensation of 3.5 Lakh Rupees each to the family of the deceased.

DO YOU THINK THAT JUSTICE WAS REALLY DONE TO THE VICTIM WHO SUFFRRED THROUGH THE VIOLENCE AND ULTIMATEY LOST HIS LIFE? 

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