Compounding of Offences

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19-Sep-2023

Criminal Procedure Code, 1973 (CrPC)

Introduction

The maxim interest reipublicae ut sit finis litium indicates that it would be in the best interests of the state to keep litigation to a minimum. Compounding an offence indicates that the individual with whom the crime has been perpetrated has acquired some compensation from the accused, not exclusively of a monetary nature, to avoid the litigation process. The provision is provided by Section 320 of the Criminal Procedure Code, 1973 (CrPC).

Compoundable Offences

There are some crimes in which the parties concerned might reach a settlement when the proceedings are going on, so that further proceedings in the court will be suspended. This is ‘compounding’.
They are offences in which the aggrieved person decides to dismiss the allegations against the accused.
These settlements ought to be in the utmost good faith and should not be made for any compensation for which the plaintiff is not eligible.
Compromise of a compoundable crime can be undertaken with the consent of the court or without such consent. The plaintiff can request permission to compound the offence in the court in which the petition was originally filed.

Difference between compoundable and non-compoundable offences

Point of difference	Compoundable offences	Non-compoundable offences
Provisions	Compoundable offences are mentioned in the CrPC under Section 320.	All the offences except those mentioned under Section 320 of the CrPC are non-compoundable.
Nature of offence	Compoundable offences are less serious.	Non-compoundable offences are more serious.
Parties Affected by the Offence	In most cases, the compoundable offences affects an individual.	When a non-compoundable offence is committed, the private party, as well as society, gets affected.
Who can file a case	Generally, cases are filed by an individual or the affected party.	Non-compoundable cases can be filed by the State.
Compoundability of Offences	They are of two types: 1.Compoundable without the court’s consent (offences mentioned in Section 320(1) of the CrPC). 2.Compoundable with the consent of the court (offences that are mentioned in Section 320(2) of the CrPC).	Non-compoundable offences cannot be compounded. Even the courts do not have any power to allow for the settlement of such offences.
Withdrawal of charges	If the aggrieved party allows, charges imposed on the accused can be withdrawn.	Charges imposed on the accused cannot be withdrawn.
Process of acquittal	Accused who have committed compoundable offences can be acquitted on reaching a settlement and there is no need for further trial.	In the case of non-compoundable offences, a full trial is needed, which will acquit or convict the accused based on the evidence.
Reason for the Classification	The reasoning behind compoundable offences is that these offences are not very severe, therefore, leniency can be provided to the accused.	The rationale for this is that the gravity of the act is so heinous that the accused cannot be let off without any punishment.

Offences that do not Need Permission from the Court

Section 320(1) contains a table that mentions the first type of offences i.e. which do not require consent or permission from the court. A few of such offences are as follows:

Provisions (IPC)	Name of the offence	Who can compound the offence
Section 298	Uttering any word or making any gesture with the intention of wounding his religious feelings.	People whose religious sentiments have been wounded.
Section 323, 334	Voluntarily causing hurt.	The one to whom hurt has been caused.
Section 341, 342	Wrongfully restraining or confining any person.	The person who has been restrained or confined.
Section 352, 355, 358	Assault or use of criminal force.	The one who has been assaulted.
Section 426, 427	Mischief is when the only loss or damage caused is loss or damage to a private person.	Private person to whom damage has been done.
Section 447	Criminal trespass.	Possessor of the trespassed property.
Section 448	House-trespass.	Possessor of the trespassed property.
Section 497	Adultery.	Husband of the woman.

Offences that Require Permission from the Court

Section 320(2) also contains a table that refers to the second category of offences that necessitates the court’s consent before the parties can compromise. The list is as follows:

Prohibition (IPC)	Name of the offence	Who can compound the offence
Section 325	Voluntarily causing grievous hurt.	To whom hurt has been caused.
Section 312	Causing miscarriage.	The woman to whom miscarriage has been caused.
Section 406, 408	Criminal breach of trust.	The owner of the property on which a breach of trust has occurred.
Section 494	Marrying again during the lifetime of a husband or wife.	The husband or the wife who is marrying.
Section 418	Cheating with knowledge that wrongful loss may ensue to a person whose interest offender is bound to protect.	The person who has been cheated.
Section 420	Cheating and dishonestly inducing delivery of property.	The person who has been cheated.

Provisions of Compounding of Offences

According to Section 320(8) of the CrPC, the compounding of an offence has the effect of acquitting the accused with whom the offence was compounded.
Once the offence is compounded, the offender gets acquitted, and the court no longer has jurisdiction over the matter.
Parties who are willing to compound must make the request for settlement in the same court where the matter was tried in the first instance. Compounding may also be granted during an appeal or review proceeding in the High Court or Supreme Court.
Whenever an act is compoundable under Section 320 of the CrPC, then the abetment of this kind of activity or even an attempt to commit such an act (if such an attempt in itself constitutes a crime), or when the charged person is liable under Sections 34 or 149 of the Indian Penal Code, then it will also be compounded in the same way.
If the courts permit any settlement between the parties and subsequently discover that it was founded on faulty grounds, then the courts have the authority to reverse the judgment.
Compounding can be not only be done by the person allowed to compound but is also permitted with the consent of the court by the parents and legal representative of such person.
When there are several offenders, compounding with any one of them will result in the acquittal of only that particular offender.

Related Case Law

In the case of Mahalovya Gauba v. State of Punjab and Another (2021), the Punjab and Haryana High Court held that criminal proceedings containing compoundable offences are classified into two parts:
- Settlement of criminal cases without the court’s consent under Section 320(1) of the CrPC.
- Settlement of criminal proceedings with the court’s approval under Section 320(2) of the CrPC.
The Lok Adalat will have the authority to hear compoundable criminal proceedings of both subgroups, compoundable without the court’s consent under Section 320(1) of the CrPC and compoundable with the court’s consent under Section 320(2) of the CrPC.
Section 320(1) of the CrPC does not expressly state that compounding can be accomplished only after submitting a case file under Section 173 (2) of the CrPC and not before the submission of a case file.
Where the complainant/person concerned and the accused compromise at the initial stage of investigation, the investigation in such a case may not be of much use in ascertaining the facts and circumstances and collecting the evidence due to unwillingness of the complainant/person concerned and also the accused to cooperate with the Investigating Officer.
In such cases the delay in investigation and filing of the charge-sheet under Section 173 (2) of the CrPC may not only cause inconvenient and hardship to the complainant/person concerned and/or the accused but may also defeat the very purpose of the compromise.
To insist for filing of charge-sheet under Section 173 (2) of the CrPC will not only involve wastage of the time, energy and resources of the Investigating Agency but will also be an empty formality for the ritual of acceptance of the compounding of the offences.
Therefore, it will not only be logical and reasonable but also in furtherance of the legislative object of the Parliament to hold that in compoundable criminal cases, offences involved can be compounded before filing of charge sheet under Section 173 (2) of the CrPC at the stage of investigation.

Compoundable Offences Under Various Laws

Section 19 (5) of the Legal Services Authorities Act, 1987 states that the Lok Adalat has the authority to consider and reach a compromise or settlement between both the parties to the conflict over any subject related to a crime compoundable under any legislation.
A breach of the Foreign Exchange Management Act, 1999 is defined as a breach of the Act’s rules, laws, orders, notices, or directives. Compounding such violations involves voluntarily admitting to the violation, pleading guilty to it, and requesting restitution. The Reserve Bank of India (RBI) has the authority to compound any violation listed in Section 13 of the FEMA Act.
When a crime is committed under the Companies Act, 2013, or a rule is infringed, or a failure or delay occurs, the directors may request to have the offence compounded rather than allowing the beginning of procedures if the crime is compoundable. Section 441 of the Companies Act, 2013 addresses the compounding of offences.
- Section 441(1) states that an offence punished merely by a fine shall be compoundable.