Compounding of Offences under Section 320 of Cr.P.C.
As per the Black’s Law Dictionary, “Compound” means “to settle a matter by a money payment, in lieu of other liability”.
The offences which are allowed to be compounded (Compromised) are described under Section 320 of the Code
of criminal Procedure, 1973. These are the offences which are simple and not grave in nature and can be compounded.
Section 320 of Cr.P.C.
Section 320 of Cr.P.C. provides for a list of offences that can be compounded. However such offences
have been classified into ones which can be compounded:-
a) With the permission of court
b) Without the permission of the court
Without the permission of Court
The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first
two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table.
|
Offence |
Section of the Indian Penal Code Applicable |
Person by whom offence may be compounded. |
|
1 |
2 |
3 |
|
Uttering wards, etc., with deliberate intent to wound the religious feeling of any person |
298 |
The person whose religious feelings are intended to be wounded |
|
Causing Hurt. |
323, 334 |
The person to whom the hurt is caused. . |
|
Wrongfully restraining or confining any person. |
341, 342 |
The person restrained or confined. |
|
Assault or use of Criminal force |
352, 355, 358 |
The person assaulted or to whom criminal force is used. |
|
Mischief, when the only loss or damage caused is loss or damage to a private person. |
426, 427 |
The Person to whom loss or damage is caused. |
|
Criminal trespass. |
447 |
The Person in possession of property trespassed upon. |
|
House trespass |
448 |
Ditto |
|
Criminal breach of contract of service |
491 |
The person with whom the offender has contracted |
|
Adultery. |
497 |
The husband of the woman |
|
Enticing or taking away or detaining with criminal intent a married woman |
498 |
Ditto. |
|
1[Defamation, except such case as are specified against section 500 of the Indian Penal Code in column 1 of the table under sub section (2).] |
500 |
The person defamed. |
|
Printing or engraving matter, knowing it to be defamatory. |
501 |
Ditto. |
|
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. |
502 |
Ditto. |
|
Insult intended to provoke a breach of the peace. |
504 |
The person insulted. |
|
Criminal intimidation except when the offence is punishable with imprisonment for seven years. |
506 |
The person intimidated |
|
Act caused by making a person believe that he will be an object of divine displeasure. |
508 |
The person against whom the offence was committed. |
Without the permission of the Court
The offences punishable under the section of the Indian Penal Code (45 of 1860) specified in the first two columns of
the table next following may be compounded with the permission of the court before, by the persons mentioned in the
third column of that table.
TABLE
|
Offence |
Section of the Indian Penal Code applicable |
Person by whom offence may be compounded |
|
1 |
2 |
3 |
|
Voluntarily causing hurt by dangerous weapons or means |
324 |
The person to whom hurt is caused. |
|
Voluntarily causing grievous hurt. |
325 |
Ditto. |
|
Voluntarily causing grievous hurt on grave and sudden provocation. |
335 |
Ditto. |
|
Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. |
337 |
Ditto. |
|
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. |
338 |
Ditto. |
|
Wrongfully confining a person for three days or more. |
343 |
The person confined. |
|
Wrongfully confining for ten or more days. |
344 |
Ditto. |
|
Assault or criminal force to woman with intent to outrage her modesty. |
354 |
The woman assaulted to whom the criminal force was used. |
|
Assault or criminal force in attempting wrongfully to confine a person. |
357 |
The person assaulted to whom the force was used. |
|
Theft, where the value of property stolen does not exceed two hundred and fifty rupees. |
379 |
The owner of the property stolen. |
|
Theft by clerk or servant of property in possession of master, where the value of the property stolen does not exceed two hundred and fifty rupees. |
381 |
Ditto |
|
Dishonest misappropriation of property. |
403 |
The owner of the property misappropriated. |
|
Criminal breach of trust, where the value of the property does not exceed two hundred and fifty rupees. |
406 |
The owner of the property in respect of which the breach of trust has been committed. |
|
Criminal breach of trust by a carrier, wharfinger, etc. value of property does not exceed two hundred and fifty rupees |
407 |
Ditto |
|
Criminal breach of trust by a clerk or servant, where the value of the property does not exceed two hundred and fifty rupees. |
408 |
Ditto. |
|
Dishonestly receiving stolen property, knowing it to be stolen, when the value of the stolen property does not exceed two hundred and fifty rupees. |
411 |
The owner of the property stolen. |
|
Assisting in the concealment or disposal of stolen property, knowing it to be stolen, where the value of the stolen property does not exceed two hundred and fifty rupees. |
414 |
The owner of the property stolen. |
|
Cheating. |
417 |
The person cheated. |
|
Cheating a person whose interest the offender was bound. Either by law or by legal contract, to protect. |
418 |
Ditto. |
|
Cheating by personation: |
419 |
Ditto. |
|
Cheating and dishonestly including delivery of property or the making, alteration or destruction of a valuable security. |
420 |
Comments
the format of requirement may be posted
whether the prevention of curruption act come under the withdrawl at the satge of evidence. Please guide me regarding that.
Is 279 IPC Compoundable
If the owner of property agrees in court to compound a theft case registered under section 379, does it mean that the accused agrees the guilt and pays the worth of the stolen property?
compounding offence
Whether sec 324 and 498a are compoundable. Sec 325 is compoundable as per new croc amendment
Can you please tell me ,IPC Sec 379 , is it compoundable?Value of the bag,mobile phone,Cash theft is more than 30000/-the accused trying for compromise, is it possible to do compromise settlements, if the victim is willing?if YES, how it can be done?Thanks in advance
OFFENCE UNDER SECTION 338 REGISTERED AGAINST THE ACCUSED, COMPLAINANT IS 3RD PERSON NOW THE INJURED READY TO COMPROMISE BEFORE THE LOK-ADALATH, NOW THE COMPLAINANT IS REQUIRED FOR COMPROMISE,
whether compounding gives discharge or clean acquital order ? what is the procedure to be followed ?
To, Niddhish
Both the offences are non compoundable. If you want to compound them file writ petition in High Court.
FIR lodged blocking of common path and allegation made foged deed prepared.police registered the case u/s 420 & 468
