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 |
Domestic Violence Act Citations |
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