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Manish (Proprietor)     16 June 2017

Does hc has go inherent power to compound

How to compound IPC 323,332,353,504,506


Learning

 1 Replies

Arjun Kohli   22 June 2017

Hi

Offences may be compounded between the parties by filing of a Compound petition u/s 320 of Cr.P.C, 1973, before a Judicial Magistrate. It enables the parties to compound certain offences with the permission of the Court, and some even without the permission of the Court. However, Courts have to decide these matters as per the provisions of the law. The Court can’t permit the compounding of offences which are not provided as Compoundable offences.

Amongst the laws you mentioned, only a few of them are compoundable whereas some of them are not.

  • Compoundable
    • S. 323, IPC – Punishment for voluntarily causing Hurt.
      Compoundable by person to whom hurt is caused.
    • S. 504, IPC – Intentional insult with insult to provoke breach of the peace.
      Compoundable by the person insulted.
    • S. 506, IPC – Punishment for criminal intimidation.
      Compoundable by the person intimidated.
      • However, it is not compoundable when the act of criminal intimidation falls within the scope of Para II of S. 506, IPC (Threat to cause death, grievous hurt, property destruction by fire, etc.)
  • Non-Compoundable
    • S. 332, IPC – Voluntarily causing hurt to deter public servant from his duty.
    • S. 353, IPC – Assault or criminal force to deter public servant from discharge of his duty.
       

Even u/s 482, Cr.P.C, the High Court it is not within the ambit of High Court's inherent power to allow compounding of offences not proovided by the law as compoundable. In the case of Ramvatar Sharma vs State Of Rajasthan And Anr on 3 March, 2010, the High Court lays down that the High Court cannot allow petitions for compounding of offences not listed as compoundable u/s 320 of CrPC.

Regards


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