compound & non compoundable offences relate to marriage?
Querist :
Anonymous
(Querist) 08 June 2010
This query is : Resolved
what is meant compound & non compoundable ?what are the sections relating to marriage?
A V Vishal
(Expert) 08 June 2010
Compoundable offences are those offences which can be compromised with or without permission of the court and non-compoundable offences are those which cannot be compromised.
There are several Offences Relating to Marriage which are described in the consecutive paragraphs-
* Cohabitation caused by a person (man) dishonestly inducing a faith of lawful marriage: According to act 493, a person who by pretense causes any woman who is not legally married to him to consider that she is legally married to that person and to live together by having physical relationship with him, shall be punished. In that case, the punishment should be with imprisonment that may extend to ten year or with fine.
* Second marriage during the lifetime of first husband or wife: According to act 494, if a person, having a husband or wife living, engages with another relationship and marries, shall be punished. Here the punishment should be imprisonment that may extent up to seven years and shall also be punished with fine. But there are some exceptions in this section.
* Concealing of facts regarding former marriage: According to act 495, a person shall be punished if the person commits the offence of concealing facts. It will be considered as an offence if a person hides his previous marriage details from the person he is going to marry. It is a punishable crime and the person shall be punished with imprisonment that extend to ten years and also be punished with fine.
* If a marriage ritual deceptively gone through without a legal marriage: If a marriage ceremony is performed with a fraudulent intention, then it will be a punishable crime. The accused person shall be punished with imprisonment that can extend up to seven years or shall be liable to fine.
* Adultery: It falls under the act 497. If a man having sexual intercourse with a woman whom he knows is the wife of another person, with the consent of that woman, shall be punished. Though it will not be considered as the offence of rape, but it will be considered as the offence of adultery. In such case, the woman shall not be punished as an abettor but the accused person shall be punished with imprisonment or fine or both.
* Tempting or taking away with criminal intention a married woman: According to act 498, if a person takes away a woman who is the wife of any other man, with an intention to have sexual intercourse, shall be punished. It is a punishable act and the person shall be punished with imprisonment and fine.
A V Vishal
(Expert) 08 June 2010
498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation-For the purpose of this section, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]
G. ARAVINTHAN
(Expert) 14 June 2010
Apex Court said that even Offences like 498 A r/w Section 4 of Dowry prohibition Act can be compoundable
G. ARAVINTHAN
(Expert) 14 June 2010
In some cases there may be compromise between defacto complainant and the accused, most of the offences against property can be compromised, this is called as compoundable.
Some offences are against State Eg: Murder, it can not be compromised as there is no compensation. This is called Non-compoundable case
G. ARAVINTHAN
(Expert) 14 June 2010
Section 320 of Criminal Procedure Deals with compoundable cases
