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What is a Compoundable and Non Compoundable offence in India

Home » Criminal Law Guide » What is a Compoundable and Non Compoundable offence in India

Compoundable offences

Compoundable offences are the one where the complainant with some bonafide intention compromises and agree to take back the charges which have been dropped against the accaused. Be it mentioned that there must be no consideration to which the complainant is not entitled to. Its a settlement between parties where the aggrieved person or the victim receives some consideration or gratification for not prosecuting the accused. Section 320 of the Code of Criminal Procedure provides a list of offences which are compoundable in nature and are punishable under a different section of the Indian Penal Code. This article will help you to understand Compoundable and Non Compoundable offence.

EXAMPLE OF COMPOUNDALE OFFENCES

1. house-trespass
2. Uttering words with an intent to hurt any person’s religious feeling.
3. Printing or engraving matters, knowing as defamatory.
4. Criminal breach of contract of services.

NON COMPOUNDABLE OFFENCES

Compoundable offences are the one which cannot be compounded. They can only be quashed. It is because the nature of offence which is more serious, grave and criminal, that the Accused cannot be allowed to be free with some settlements. In such offences both private party, as well as the society, are affected .Here, in such type of cases, it is the “state”, i.e. police, who files the case, and so the question of compromise does not arise. All the offences which are not mentioned in Section 320 of CrPC are non-compoundable offences.

EXAMPLE OF NON COMPOUNDABLE OFFENCES

  1. Rape
  2. Murder
  3. Robbery
  4. Hurt

DIFFERENCE BETWEEN COMPOUNDABLE AND NON-COMPOUNDABLE OFFENCE

 Compoundable OffenceNon-Compoundable Offence
Nature of CrimeThe nature of the offence not so seriousThe nature of the offence is serious.
Withdrawal of ChargesCharges made against the accused can be withdrawnCharges against the accused cannot be withdrawn.
Affected partiesIt impacts only to a private /single person.It affects both, private person as well as the society at large.
Compound abilitySettlement can be done either with permission or without permission of the court.It cannot compound, the offence can only be quashed
Filing of the caseCase can be filed by a private personCases are filed by State.

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