Compounding of offences
Deekshitulu.V.S.R
(Querist) 21 October 2010
This query is : Resolved
My querry is regarding compounding of offences.
Till 1-1-2010 Sec. 354 IPC is compoundable with permission of court. By virtue of the latest amending act, it was now made non-compoundable. In one cae the accused was tried and convicted for the offence under Sec. 354 IPC in the year 2009. The offence is in the year 2007.
Can he now compound the offence?, If so what is the procedudre and provision. Sionce the date of compounding is after commencement of the amending ACt. Any expert with case law
aman kumar
(Expert) 21 October 2010
NO LAW CAN EFFECTIVE AS EX POST FACTO . SO YOU CAN COMPOUND THE CASE
Devajyoti Barman
(Expert) 21 October 2010
Yes , the offence can be compounded as both the offence and the conviction happened prior to coming into effect of the amendment.
pawan sharma
(Expert) 21 October 2010
criminal law can not be take effect in retro-spective way so in this case amandment can no effect the because the offence was committed in year 2007 perior to the amandment in is the rule of interpretation,so do;nt warry for it.
Arun Kumar Bhagat
(Expert) 21 October 2010
Compounding of an offence is a procedural law which can not give retrospective effective it shall always be prospective. So the offence can not be compounded as per present law. Compounding is always possible at appellate stage. After conviction the offence can be compounded.
sachin sethi
(Expert) 21 October 2010
Yes the offence can be compounded. as the operation of criminal law is always prospective unless and un-till specificaly declared to be effective as retrospectively.
Vinod Singh Tomar
(Expert) 22 October 2010
It is well settled law that an accused can avail the benefits of the law. The matter can be compounded.
