Compoundable Offences
Compoundable Offences
1. Definition
A compoundable offence is a type of offence where the complainant (victim) and the accused can settle the matter mutually, usually by an agreement or compromise, and the case can be withdrawn or not proceeded with.
The court may allow the parties to compound (settle) the offence without going through a full trial.
The term is defined in Section 320 of the Criminal Procedure Code (CrPC), 1973.
2. Key Features
The offence is less serious or minor in nature.
The victim’s consent is crucial for compounding the offence.
The power to allow compounding can lie with the complainant, the Magistrate, or the court, depending on the type of offence.
Once compounded, the prosecution is dropped, and the accused is discharged.
It promotes conciliation and settlement outside the court.
3. Examples of Compoundable Offences
Assault causing simple hurt (Section 323 IPC)
Defamation (Section 499 IPC)
Trespass (Section 447 IPC)
Theft (Section 378 IPC) (in some cases)
Criminal breach of trust (Section 405 IPC)
Cases involving marriage disputes, family disputes, etc.
4. Classification in CrPC
Compoundable offences are listed in Section 320 of the CrPC.
They are generally divided into:
Offences compoundable only with the permission of the court
Offences compoundable with the permission of the Magistrate
Offences compoundable by the parties themselves
5. Procedure for Compounding
The complainant files a petition/application to compound the offence.
The court or Magistrate may hear the parties.
If satisfied, the court records the compromise and allows the compounding.
The case is then disposed of without trial.
6. Non-Compoundable Offences
Serious offences like murder, rape, kidnapping, etc., cannot be compounded.
These offences are tried by the state irrespective of any compromise.
Summary Table:
| Aspect | Compoundable Offence |
|---|---|
| Nature | Minor or less serious offence |
| Parties involved | Complainant and accused |
| Consent required | Yes, complainant’s consent |
| Court’s role | Permission needed for compounding in many cases |
| Result of compounding | Case is withdrawn or ended |
| Examples | Simple hurt, defamation, trespass |
| Not applicable for | Serious offences like murder, rape |
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