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nitinjain (Engineer)     02 September 2010

need info

need information if  non compoundable offence like 376, 312 can be withdrawn in any way ?



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 3 Replies

Deepak Kumar Vasudevan ((Confidential))     03 September 2010

I did a quick search in the Internet and found out from https://ipc498a.files.wordpress.com/2007/11/what-is-section-498a-of-the-indian-penal-code.pdf (for IPC 498a which is noncompoundable) "Though 498A is non compoundable, the courts are allowing thewithdrawal of the case when the parties agree to reconcile or settle case."

I believe a similar argument or proposition should apply for peer sections that you quoted as well.

adv. rajeev ( rajoo ) (practicing advocate)     03 September 2010

376 is heneious offence it is non compoundable, only by way of compromise that to after compeltion of traial acuusecd can be acquitted other wise it cannot be withdrawn. 312 can be withdrawn due to compromise.

Deepak Kumar Vasudevan ((Confidential))     03 September 2010

376 is a rape related one. The current legislations themselves are not sufficient to handle rape issues. Hence it should not be allowed to be withdrawn in any case. 

 

312 is against lethal assault on a women. India is a country that gives a greater respect to womenhood from time immemorial.

 

Hence withdrawal in these sections should not be allowed or entertained.


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