What is Compounding of offences

Law permits compounding or compromise of some specified offences . In this respect, reference may be made to two tables available under section 320 of Code of Criminal Procedure. Some of the offences are compoundable with permission of the court whereas some are compoundable without permission of the court.

 

What is compounding or compromise without permission of court

For compounding of the other offences, no permission of the court is required. Tables specifically guide as to who can compound the offences. For example, in case of causing of simple injury, accused may compound the offence with the injured and in case of defamation, accused may compound the offence with the person defamed without permission of the court. In case of offences compoundable without permission of the court, the victim and the accused may themselves enter into compromise even outside the court or with the intervention of respectable persons or relatives and submit appropriate application before the court intimating that compromise has been arrived at. In this respect, parties may annex to the application any written compromise or may statement before the court.

What is compounding or compromise with permission of the court

In case of offences compoundable with the permission of the court, before granting permission to compound the offence, court takes into consideration, that the compromise is being voluntarily effected between the aggrieved persons and the accused, and that the compromise is in the interest of the victim.

 

Suppose, the person by whom offence may be compounded has died even in such a situation, law permits to compound the offence with the legal representative of the concerned persons.

 

 

In case accused is convicted and sentenced by the Trial Court, law permits to compound the offence before the Appellate Court subject to permission of the court.

 

No such offence is compoundable where the accused was previously also convicted for such offence and on account of previous conviction such an accused is liable to enhanced punishment or to a different kind of punishment.

As a result of compounding of the offence, case stands disposed of at the earliest and accused is acquitted. So far as victim is concerned, he too gets benefited as Court awards compensation to the victim for the injury suffered.

Compoundable offences

Offence compoundable Who can compound Section
Uttering words, etc., with deliberate intent to wound the religious feelings of any person. The person whose religious feelings are intended to be wounded. 298
Voluntarily causing hurt The person to whom the hurt is caused 323
Voluntarily causing hurt on provocation The person to whom the hurt is caused 334
Voluntarily causing grievous hurt on grave and sudden provocation. The person to whom the hurt is caused 335
Wrongfully restraining or confining any person The person restrained or confined 341, 342
Wrongfully confining a person for 3 days or more The person confined 343
Wrongfully confining a person for 10 days or more The person confined 344
Wrongfully confining a person in secret The person confined 346
Assault or use of criminal force The person assaulted or to whom criminal force is used 352, 355, 358
Theft The owner of the property stolen 379
Dishonest misappropriation of property The owner of the property misappropriated 403
Criminal breach of trust by a carrier, wharfinger etc The owner of the property in respect of which breach of trust has been committed 407
Dishonestly receiving stolen property known to be stolen The owner of the property stolen 411
Assisting in the concealment of stolen property knowing it to be stolen The owner of the stolen property 414
Cheating The person cheated 417
Cheating by personation The person cheated 419
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors Creditors who are affected thereby 421
Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. Creditors who are affected thereby 422
Fraudulent execution of deed of transfer containing false statement of consideration. The person affected thereby 423
Fraudulent removal or concealment of property The person affected thereby 424
Mischief, when the only loss or damage caused is loss or damage to a private person. The person to whom the loss or damage is caused 426, 427
Mischief by killing or maiming animal The owner of the animal 428
Mischief by killing or maiming cattle, etc The owner of the cattle or animal 429
Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person. The person to whom loss or damage is caused 430
Criminal tress pass The person in possession of the property tress passed upon 447
House tress pass The person in possession of the property tress passed upon 448
House-trespass to commit an offence (other than theft) punishable with imprisonment. The person in possession of the house trespassed upon 451
Using a false trade or property mark The person to whom loss or injury is caused by such use 482
Counterfeiting a trade or property mark used by another. The person to whom loss or injury is caused by such use 483
Knowingly selling, or exposing or possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. The person to whom loss or injury is caused by such use 486
Criminal breach of contract of service The person with whom the offender has contracted 491
Adultery The husband of the women 497
Enticing or taking away or detaining with criminal intent a married woman. The husband of the woman and woman 498
Defamation, except such cases as are specified against section 500 of the Indian Penal Code (45 of 1860) in column 1 of the Table under sub-section (2) The person defamed 500
Printing or engraving matter The person defamed 501
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter The person defamed 502
Insult intended to provoke a breach of the peace The person insulted 504
Criminal intimidation The person intimidated 506
Inducing person to believe himself an object of divine displeasure The person induced 508


Offence compoundable with the permission of the court

Compoundable Offence Who can compound Section
Causing Miscarriage The woman whom miscarriage is caused 312
Voluntarily causing grievous hurt The person to whom hurt is caused 325
Causing hurt by doing an act so rashly and negligently as to safety of others The person to whom hurt is caused 337
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others The person to whom hurt is caused 338
Assault or criminal force in attempting wrongfully to confine a person. The person assaulted or to whom the force was used 357
Theft, by clerk or servant of property in possession of master The owner of the property stolen 381
Criminal Breach of Trust The owner of property in respect of which breach of trust has been committed 406
Criminal Breach of Trust by a clerk or servant The owner of the property in respect of which the breach of trust has been committed 408
Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect The person cheated 418
Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security The person cheated 420
Marrying again during the life time of husband or wife The husband or wife of the person so marrying 494
Defamation against the President or the 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 The person defamed 500
Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman The woman whom it was intended to insult or whose privacy was intruded upon 509

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