Compounding of offence:- (1) 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. Section 320 of Code of Criminal Procedure 1973

Offences compounded with the permission of the court are defined under Section 320 of CRPC 1973. Provisions under these sections are:

Section 320 of CRPC "Offences compounded with the permission of the Court"

 

Compounding of offences

1. 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:

Section of IPC

Type of Offence

Person by whom offence may be compounded

298

Uttering words, etc., with deliberate Intent to wound the religious feelings of any person.

The person whose religious feelings are intended to be wounded.

323

Causing hurt.

The person to whom the hurt is caused.

334 Voluntarily causing hurt on provocation. The person to whom the hurt is caused.

341, 342, 343, 344, 346

Wrongfully restraining or confining any person.

The person restrained or confined.

352, 355, 358

Assault or use of criminal force.

The person assaulted or to whom criminal force is used.

426, 427

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.

447

Criminal trespass.

The person in possession of the property trespassed upon.

448

House trespass.

The person in possession of the property trespassed upon.

491

Criminal breach of contract of service.

The person with whom the offender has contracted.

497

Adultery.

The husband of the woman.

498

Enticing or taking away or detaining with criminal intent of a married woman.

The husband of the woman.

500

Defamation. except such eases as are specified against section 500 of the Indian Penal Code (45 of 1860) in column I of the Table under sub­section (2)

The person defamed.

501

Printing or engraving matter, knowing it to be defamatory.

The person defamed.

502

Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.

The person defamed.

504

Insult intended to provoke a breach of the peace.

The person insulted.

506

Criminal intimidation except when the offence is punishable with Imprisonment for seven years.

The person intimidated.

508

Act caused by making a person believe that he will be an object of divine dis­pleasure.

The person against whom the offence was committed.

2. 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, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table:

IPC Section (1) Offence (2) Compoundable by (3)
312 Causing miscarriage The woman to whom miscarriage is caused
325 Voluntarily causing grievous hurt The person to whom hurt is caused
337 Causing hurt by doing an act so rashly and negligently as to safety of others. The person to whom hurt is caused
338 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
357 Assault or criminal force in attempting wrongfully to confine a person The person assaulted or to whom the force was used.
381 Theft, by clerk or servant of property in possession of master. The owner of the property stolen.
406 Criminal Breach of Trust The owner of property in respect of which breach of trust has been committed.
408 Criminal Breach of Trust by clerk or servant The owner of the property in respect of which the breach of trust has been committed.
418 Cheating a person whose interest the offender was bound, either by law or by legal contract to protect The person cheated
420 Cheating dishonestly inducing delivery of property or the making, alteration or destruction of a valuable property The person cheated
494 Marrying again during the lifetime of a husband or wife Husband or wife of the person so marrying
500 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
509 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.

3. When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under section 34 or 149 of the Indian Penal Code, may be compounded in like manner.
4. —

1. When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf, may, with the permission of the Court compound such offence.

2. When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court compound such offence.

5. When the accused has been committed for trial or when he has been convicted and an appeal is pending no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.

6. A High Court or Court of Session acting in the exercise of its powers of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section.

7. No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.

8. The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

9. No offence shall be compounded except as provided by this section.

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 320 of Code of Criminal Procedure 1973 - What are the compoundable offences under CRPC 320, which are compoundable with out the permission of the court? Offences under Section 298, 323, 334, 341, 342, 352, 355, 358, 426, 427, 447, 448, 491, 497, 498, 500, 501, 502, 504, 506, 508 of Indian Penal Code

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, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table. Section 320 of Code of Criminal Procedure 1973

What is Withdrawal from prosecution? Section 321 of Code of Criminal Procedure 1973

What is the Procedure in cases which Magistrate cannot dispose of? What is the Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed? Section 322 and 323 of Code of Criminal Procedure 1973

How is the Trial of persons previously convicted of offences against coinage, stamp-law or property? What is the Procedure when Magistrate cannot pass sentence sufficiently severe? Section 324 and 325 of Code of Criminal Procedure 1973

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. Court to be open. Section 326 and 327 of Code of Criminal Procedure 1973

 

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