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COMPOUNDING OF OFFENCES BY WAY OF COMPROMISE UNDER SECTION 320 IN CRPC

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This article is written by Anjali Singh of 7th Semester of BA LLB (Hons.) of UPES, Dehradun

ABSTRACT

  “To settle a matter by a money payment, instead of other liability,” is what it means to compound. In terms of criminal law, the victim has the option of compounding the offence. Section 320 of the Code of Criminal Procedure, 1973 provides legal regulations surrounding the compounding of offences. There for this Section, 320 of the Code is to encourage amity between the parties to restore peace. Establishing a settlement between two parties where the complainant agrees to have the charges against the offender dropped is known as compounding an offence.

 On this premise, transgressions are separated into two groups:

Compoundable offences are those that can be resolved through compromise, in which the accuser agrees to drop the charges, whereas non-compoundable offences are the more serious ones in which the parties are unable to reach an agreement.

Keywords- Criminal Law, Compoundable, Agreement, Offences.

INTRODUCTION

It is in the State’s best interest for litigation to conclude, according to the Latin proverb “Interest reipublicae ut sit finis litium.” Numerous cases have been pending before the courts of law for a long period. The criminal justice system now has a strong tool at its disposal that, properly used, can drastically shorten the time it takes to resolve. Section 320 of the Criminal Procedure Code, 1973, which deals with compoundable offences, contains such a clause. The purpose of this article is to define compoundable offences and to outline the conditions under which non-compoundable charges may be upgraded under Section 320.

WHAT IS COMPOUNDING OF AN OFFENCE?

In some circumstances, it may be wise to allow the compounding of charges and to conclude the legal processes if the accused and the crime victim reach a settlement. The court can then sanction this withdrawal, putting an end to the criminal trial. On occasion, the public prosecutor or the complainant may decide it is preferable to abandon the case. The Criminal Procedure Code authorises suspending the proceedings under certain conditions if the magistrate determines that it is desirable.

In certain situations, the complainant’s non-appearance or death may require the proceedings to come to an end; similarly, the case may be dropped if the accused individual passes away, subject to certain conditions. It can be necessary to award the accused person a conditional pardon for his alleged involvement in the crime due to some strong arguments. If such a pardon were obtained, the accused person’s case would have to be dismissed.

In certain situations, the complainant’s non-appearance or death may require the proceedings to come to an end; similarly, the case may be dropped if the accused individual passes away, subject to certain conditions. It can be necessary to award the accused person a conditional pardon for his alleged involvement in the crime due to some strong arguments. If such a pardon were obtained, the accused person’s case would have to be dismissed.

COMPOUNDING OF OFFENCES UNDER COMMON LAW

Under common law, compounding a felony constituted a misdemeanour. In certain states, the offence is punishable by a felony. Compounding for misdemeanours is not prohibited. However, a misdemeanour prosecution waiver is not enforceable because it goes against public opinion. According to this theory, compounding is illegal under virtually all of American law. In two states, the compounding of a crime may be tried as a common law criminal, and in forty-five states, as a statutory offence. In England and Wales, Northern Ireland, and the Republic of Ireland, compounding is prohibited.

CONSTITUENTS OF SECTION 320 CrPC

Section 320(1) – Compounding without the court’s permission

Under Section 320(1) of the Criminal Procedure Code, the legislation permits the compounding of offences without the consent of the court. Certain parts of the Indian Penal Code, 1860, which apply to these crimes, allow for compounding by the people mentioned in the third column of that table.

Here are a few examples of such offences:

Section of the I.P.C. applicableOffencesPersons by whom the offences may be compounded
298  using language, gestures, etc. to offend someone’s religious sensibilities.a target whose religious sensibilities are meant to be offended.
323, 334intentionally hurting someone or intentionally hurting someone on purpose.the one who has been harmed.
341, 342wrongful restraint or confinement of any individual.The subject is bound or restricted.
352, 355, 358assault or the use of violent crime.the subject of criminal force or the target of an assault.
426, 427Mischief is what is done when only one private individual suffers loss or damage.the person who loses something or gets hurt.
447illegal trespassThe owner of the property violated property rights.
448House-trespassThe individual who was in charge of the property violated its boundaries.
451Trespassing into someone’s home is a crime that carries a prison sentence.The person who broke into the house without permission (other than to steal) was punished
482The use of a false property mark is illegal.the person who has lost something or been damaged. an outcome of such usage.
483fake a property mark used by someone elsethe person who has lost something or been damaged. an outcome of such usage.
486selling, displaying, or having in one’s possession goods displaying a fake property mark to do so.the one who has suffered a loss or damage. a result of such use.
491Criminal service agreement breach.the party the perpetrator has a business relationship with
497AdulteryThe husband of the woman.
498Enticing or taking away or detaining with criminal intent a marriedThe husband of the woman and the woman.
500Defamation of the President, Vice President, Governor of a State, Administrator of a Union territory, or Minister about his public activities when brought about as a result of a Public Prosecutor complaint.The person defamed.
501knowing that the material they are printing or engraving is defamatory.The person is defamed.
502Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.The person is defamed.
504Insult intended to provoke a breach of the peaceThe person was insulted.
506Criminal intimidation.The person is intimidated.
508causing someone to think they are being punished by GodThe person is induced.

Section 320(2) – Compounding an offence requires court approval.

Under Section 320(2) of the Criminal Procedure Code, the law permits the compounding of offences for which a court’s approval is required. Certain sections of the Indian Penal Code, 1860, which punish these offences, allow for the compounding of them by the people named in the third column of the table.

Here are a few examples of such offences-

The relevant section of the I.P.C.OffencesPerson by whom offence may be compounded
312Causing miscarriageThe woman to whom miscarriage is caused.
325Voluntarily causing grievous hurtThe person to whom hurt is caused.
337causing harm by acting hastily or carelessly that puts another person’s life or personal safety in peril.the person who has been harmed.
338acting in a way that puts human life or other people’s safety at peril and causes significant injury.the person who has been harmed.
357assault or use of unlawful force to imprison someone.who was assaulted or who was the target of force.
381theft committed by a clerk or a servant of a master’s property.The property’s owner was taken.
406Criminal breach of trust.the proprietor of the real estate where a breach of trust occurred
408The trust-breaching offence committed by a servant or clerk.whoever is responsible for the assets where the trust was broken.
418Cheating is a person whose interest the offender was bound, either by law or by legal contract, to protect.The person cheated.
420Making, changing, or destroying valuable security while using dishonest means to induce the transfer of property.The person cheated.
494remarriage while a husband or wife is still aliveThe husband or wife of the person so marrying.
500When brought about as a result of a public prosecutor complaint, defamation of the President, Vice President, Governor of a State, Administrator of a Union territory, or Minister about his public activities is prohibited.The person is defamed.
509uttering or making sounds, making motions, or showing any object with the intent to offend a woman’s modesty or invade her privacy.the woman whose privacy was invaded or who was being insulted.

The Andhra Pradesh Act of 2003 (Section 2), which led to the adoption of Section 494A of the IPC, which provides for cruelty towards a woman by her husband or any of his relatives, was one state amendment adopted in addition to the aforementioned provisions.

Section 320(3)

According to this provision, if an offence is compoundable in nature, aiding or abetting its commission or an attempt to do so, or where the accused is held accountable under provision 34 or Section 149 of the Indian Penal Code, constitutes an additional offence that is compoundable in nature. In other words, if someone sought to commit a compoundable offence or helped out in its commission, that attempt or help is also compoundable in nature. This is only true for crimes when encouraging, trying to encourage, and committing crimes in and of themselves.

Section 320(4)

For instance, if someone named “A” intentionally hurt someone else’s religious sentiments with their comments, that is a compoundable crime, and the parties may be able to come to an amicable solution. In a similar vein, if “A” attempted to steal or helped/aided someone else to steal, then this attempt and aid are similarly compoundable in nature.

The situations under which the victim is a minor, mentally incapacitated, or deceased are described in this subsection. According to this clause, a guardian acting on behalf of a victim who is underage (18) or mentally ill may compound the charge on their behalf. The court must first provide permission for a guardian to compound a crime on behalf of a child. According to this clause, a legal representative of a person who had the power to compound an offence may do so on that person’s behalf if prior court approval is obtained, even if that person is deceased as defined by the Code of Civil Procedure, 1908 (5 of 1908).

Section 320(5)

It specifies that compounding of such an offence is not permissible at that time without the consent of the court when the accused is facing trial for a compoundable offence or when the accused has been found guilty by a court and an appeal against the conviction is underway. It is irrelevant whether the offence falls within Section 320(1) and (2)’s class 1 or class 2 classification.

If the person requesting the authorization is competent to do so, the High Court may grant permission to compound offences under Section 401 of the CrPC and the Sessions Court may do so under Section 399 of the CrPC. The revisionary powers of the High Court and Sessions Court are specified in Sections 401 and 399 of the CrPC, respectively.

It states that an offence may not be compounded if the accused is subject to either additional punishment or a punishment of a different sort due to a prior conviction.

The repercussions of compounding an infraction are covered in this Section. Compounding an offence result in the accused’s acquittal. The fact that the offence was compounded with the court’s permission exonerates the offender of all charges regardless of whether the FIR had been filed or the trial had started. Because of this, the court could not conclude that composition could only be a post-cognizable occurrence in the case of Yesudas v. Sub-Inspector of Police, Kalamassery (2007) because the terms “accused” and “prosecution” under Section 320(2) and 320(8) of the Code were used.

No offence would be regarded as compounded, according to this section, unless those conditions were met. Additionally, it was ruled in the case of Gurcharan Singh Bhawani v. State (2002) that offences that are not punishable by a fine under Section 320(9) cannot be prosecuted under Section 482.

WHAT ARE NON- COMPOUNDABLE OFFENCES?

Non-compoundable offences can only be quashed rather than compounded. This is justified by the fact that the crime was so horrible and illegal in nature that the accused could not get away with it. Since the ‘state,’ or the police, typically files cases, the idea of the complainant making a compromise does not apply in this instance. These crimes are more serious and horrific, harming society as a whole rather than just the victim.

Because getting away with such serious violations would set a bad precedent in society, it is not permitted to compound such charges. Because they violate public policy, non-compoundable offences cannot be settled in a regular court. Every offence that isn’t listed under Section 320 of the CrPC isn’t compoundable. Even the court lacks the authority and resources to further an offence of this nature. A thorough trial is conducted, and based on the evidence used, either the perpetrator is found not guilty or guilty.

Examples of non-compoundable offences where the court’s approval is necessary include the following:

DIFFERENCE BETWEEN COMPOUNDABLE AND NON- COMPOUNDABLE OFFENCES

In the case of a compoundable offence, the nature of the offence is not as significant. Even yet, the non-compoundable offence has a serious nature to it. Compoundable offences include, for instance, criminal breach of trust, will full infliction of great bodily harm, etc., whereas non-compoundable offences include assault or use of criminal force against a woman with the intent to violate her modesty, dishonest property theft, etc.

The accused may have charges for a compoundable offence dropped or withdrawn. However, charges for a non-compoundable offence cannot be dropped against the accused while they are still ongoing.

A compoundable offence only affects one individual at a time. A non-compoundable offence, on the other hand, affects both private persons and society at large.

A settlement in a compoundable offence may be concluded with the court’s consent, as required by Section 320(1) of the CrPC, or without the court’s consent, as noted by Section 320(2) of the CrPC. A non-compoundable offence, on the other hand, cannot be compounded because the court lacks the authority to allow for the settlement of these offences. Instead, it can only be quashed.

Compoundable offences frequently have cases brought by an individual. However, the state brings prosecutions for offences that cannot be compounded.

Basis of DistinctionCompoundable OffencesNon-Compoundable offences
Nature Of CrimeIn the case of a compoundable offence, the nature of the offence is not as significant. Compoundable offences include, for instance, criminally breaching trust, voluntarily causing great harm, etc.Even yet, the non-compoundable offence has a serious nature to it. For instance, non-compoundable offences include dishonest misappropriation of property, the unlawful force used against women to offend their sense of modesty and others.
Withdrawal of ChargesThe accused may have charges for a compoundable offence dropped or withdrawn.While the case is still active, the accused cannot have their charges against them withdrawn for a non-compoundable offence.
Affected PartiesA compoundable offence only affects one individual at a time.A non-compoundable offence affects both specific people and society at large.
CompoundabilityA settlement for a compoundable offence may be concluded with or without the court’s blessing.An offence that isn’t quasi-compoundable can only be quashed.
Case FilingCompoundable offences frequently have cases brought by an individual.However, the state brings cases in non-compoundable offences.

What is plea bargaining and how is it different from compounding an offence?

Plea bargaining is the outcome of discussions between the prosecution and the accused before the trial, in which the accused admits guilt in exchange for an advantage or a lesser sentence. Sections 265A through 265L of India’s Criminal Procedure Code deal with plea bargaining. It applies to offences that can result in a prison sentence of up to 7 years, although it does not cover offences against minors or women who are under the age of 14.  There cannot be an appeal against a court’s decision regarding plea bargaining. The fees are decreased, and some fees are eliminated.

The differences between the two are as follows:

What grounds exist under Section 320 CrPC for the compounding of non-compoundable offences?

CONCLUSION

A crime is an essential wrong that is committed against the state and society. Any agreement made between the accused and the particular victim of the act should therefore not absolve the accused of criminal responsibility. However, where the offences are fundamentally the same, the Code believes it fair to recognise some of the charges as compoundable offences and others as compoundable only with the court’s agreement private and not particularly serious in nature. Although not all non-cognizable offences are non-compoundable, the bulk of compoundable offences are, Even if not all cognizable offences can be compounded, the offences that can only be amended with the court’s permission are usually cognizable. The nature of the crime must not be excessively serious to be included in the category of compoundable offences. The crimes should typically be personal in nature. Private offences are those that hurt a person’s identity or competence. Such offences shouldn’t put the public at risk or harm the state’s well-being. Dacoity, murder, and other horrific crimes are all unpardonable acts.

REFERENCES

https://nyayconnection.com/compromise-your-criminal-case-section-320-crpc/#:~:text=Compounding%20of%20offences%20under%20Section%20320%20of%20the,for%20some%20form%20of%20compensation%20or%20other%20conditions.

https://devgan.in/crpc/section/320/

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