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Compoundable and Non-Compoundable Offences
«09-Jan-2025
Source: Supreme Court
Why in News?
The Supreme Court allowed a compromise in a non-compoundable offence under Section 326 IPC, which deals with grievous hurt by dangerous weapons. Instead of the non-compoundable, the Court invoked its inherent powers, citing exceptional circumstances like a voluntary settlement and the complainant's consent.
- Justice Vikram Nath and Justice Prasanna B. Varale held in the matter of H. N. Pandakumar v. The State of Karnataka
What was the Background of H. N. Pandakumar v. The State of Karnataka?
- H.N. Pandakumar (accused) was involved in a criminal case stemming from FIR filed at K.R. Pete Rural Police Station, Mandya.
- The original complaint was filed by Puttaraju, alleging that five accused persons formed an unlawful assembly and assaulted him and his family members, causing grievous injuries.
- Based on the investigation, charges were framed against all accused under multiple sections including 143, 341, 504, 323, 324, and 307 read with Section 149 of the Indian Penal Code,1860.
- The Trial Court, through its judgment dated 24th January 2012 in Sessions Court, convicted Accused Nos. 3 and 4 under Section 326 read with Section 34 IPC.
- They were sentenced to:
- Two years of rigorous imprisonment
- Fine of Rs. 2,000/- each
- The remaining accused were acquitted
- Pandakumar appealed to the Karnataka High Court’s judgment dated 01th September,2023:
- Reduced his sentence to one year
- Enhanced the fine to Rs. 2,00,000/-
- Acquitted Accused No. 4
- After his Special Leave Petition was dismissed by the Supreme Court on 19th January 2024.
- Pandakumar filed a Miscellaneous Application seeking to compound the offence based on:
- A compromise reached between the parties
- Agreement to pay Rs. 5,80,000/- as compensation
- Resolution of all disputes including property matters
- The fact that both parties are distantly related and live in close proximity
- The complainant filed an Interlocutory Application supporting the compromise and seeking closure of the matter.
What were the Court’s Observations?
- The Supreme Court acknowledged that while Section 326 IPC (punishment for grievous hurt by dangerous weapons) is non-compoundable under the Criminal Procedure Code, 1973, the Court possesses inherent powers to give effect to compromise in exceptional circumstances.
- The Court noted several significant factors that constituted exceptional circumstances in this case:
- The existence of an amicable settlement between parties
- The complainant's unequivocal consent documented through the Interlocutory Application
- The parties' residential proximity (separated only by a road)
- The distant familial relationship between the parties
- The potential impact of continued hostility on the social fabric of the neighborhood
- The comprehensive nature of the compromise covering both criminal and property disputes
- The resolution of long-standing right of way issues
- The Court recognized that the applicant/petitioner's commitment to paying the agreed compensation (Rs. 5,80,000/-) demonstrated a genuine effort to resolve the discord.
- The Court states that the complainant's support for the compromise through a formal Interlocutory Application provides the voluntary nature of the settlement.
- Based on these exceptional circumstances, the Court determined it appropriate to:
- Allow the Miscellaneous Application
- Recall the previous order dated 19th January 2024 dismissing the SLP
- Grant leave
- Confirm the conviction while reducing the sentence to the period already undergone
- The Court disposed of the Interlocutory Application for impleadment in terms of this order, along with any other pending applications.
What is Section 326 of IPC?
- Section 326 IPC prescribes punishment for voluntarily causing grievous hurt using dangerous weapons or means, including any instrument for shooting/stabbing/cutting, fire, heated substances, poison, corrosive substances, explosive substances, deleterious substances, or by means of any animal.
- The punishment under Section 326 IPC can extend to imprisonment for life or imprisonment up to 10 years, along with a fine, except in cases covered under Section 335 IPC (grievous hurt on grave and sudden provocation).
- The essential elements required to constitute an offence under Section 326 IPC are:
- Voluntary causing of grievous hurt
- Use of any dangerous weapon or means as specified in the section
- Intent or knowledge of likelihood to cause grievous hurt by such means
What are Compoundable and Non-Compoundable Offence?
- Compoundable Offences are those where the victim and the accused can mutually settle their dispute outside the court, with the court's permission, leading to the withdrawal of the criminal case - examples include simple hurt (Section 323 IPC), criminal breach of trust (Section 406 IPC), and defamation (Section 500 IPC).
- Non-compoundable Offences are those where compromise between parties is not legally permitted as these are considered serious crimes against society at large - examples include murder (Section 302 IPC), grievous hurt (Section 326 IPC), rape (Section 376 IPC), and kidnapping (Section 363 IPC).
- Section 320 of the Criminal Procedure Code, 1973 (Section 359 of BNSS) states lists which offences are compoundable and specifies whether they can be compounded with court permission or without court permission.
- The Supreme Court has held that while non-compoundable offences cannot ordinarily be compromised, the Court may use its inherent powers under Article 142 of the Constitution or Section 482 CrPC to allow compromise in exceptional circumstances, considering factors like the nature of the offence, background of the case, and extent of compromise between parties.
What are the Differences Between Compoundable and Non-Compoundable Offence?
|
Aspect |
Compoundable Offences |
Non-Compoundable Offences |
|
1. Nature of Crime |
Less serious offences; primarily affecting individuals |
Serious offences; grave in nature |
|
2. Impact |
Affects only private parties/individuals |
Affects both individuals and society at large |
|
3. Case Filing |
Generally filed by private parties |
Filed by the state |
|
4. Withdrawal Option |
Charges can be withdrawn through compromise |
Charges cannot be withdrawn once filed |
|
5. Settlement |
Can be settled with or without court permission (as per Section 320 CrPC) |
Cannot be compounded; can only be quashed |
|
6. Compromise |
Legally permitted between parties |
Not allowed by law |
|
7. Court's Power |
Court has jurisdiction to add other charges |
Court lacks jurisdiction to add other charges |
|
8. Legal Procedure |
Can end through compromise between parties |
Must go through a complete trial process |
|
9. Examples |
• House trespass (Sec 448 IPC) • Criminal breach of contract (Sec 491 IPC) • Simple hurt (Sec 323 IPC) |
• Grievous hurt with weapons (Sec 324 IPC) • Rash driving (Sec 279 IPC) • Murder (Sec 302 IPC) |
|
10. Primary Focus |
Resolution and compromise between parties |
Punishment and deterrence |
What are the Compoundable Offences under Section 359 of BNSS?
Offences Compoundable Without Court Permission
|
Offence |
Section |
Person by Whom Offence May Be Compounded |
|
Enticing or taking away or detaining with criminal intent a married woman |
84 |
The husband of the woman and the woman |
|
Voluntarily causing hurt |
115(2) |
The person to whom the hurt is caused |
|
Voluntarily causing hurt on provocation |
122(1) |
The person to whom the hurt is caused |
|
Voluntarily causing grievous hurt on grave and sudden provocation |
122(2) |
The person to whom the hurt is caused |
|
Wrongfully restraining or confining any person |
126(2), 127(2) |
The person restrained or confined |
|
Wrongfully confining a person for three days or more |
127(3) |
The person confined |
|
Wrongfully confining a person for ten days or more |
127(4) |
The person confined |
|
Wrongfully confining a person in secret |
127(6) |
The person confined |
|
Assault or use of criminal force |
131, 133, 136 |
The person assaulted or to whom criminal force is used |
|
Uttering words, etc., with deliberate intent to wound the religious feelings of any person |
302 |
The person whose religious feelings are intended to be wounded |
|
Theft |
303(2) |
The owner of the property stolen |
|
Dishonest misappropriation of property |
314 |
The owner of the property misappropriated |
|
Criminal breach of trust by a carrier, wharfinger, etc. |
316(3) |
The owner of the property in respect of which the breach of trust has been committed |
|
Dishonestly receiving stolen property knowing it to be stolen |
317(2) |
The owner of the property stolen |
|
Assisting in the concealment or disposal of stolen property, knowing it to be stolen |
317(5) |
The owner of the property stolen |
|
Cheating |
318(2) |
The person cheated |
|
Cheating by personation |
319(2) |
The person cheated |
|
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors |
320 |
The creditors who are affected thereby |
|
Fraudulently preventing from being made available for his creditors a debt or demand due to the offender |
321 |
The creditors who are affected thereby |
|
Fraudulent execution of deed of transfer containing false statement of consideration |
322 |
The person affected thereby |
|
Fraudulent removal or concealment of property |
323 |
The person affected thereby |
|
Mischief, when the only loss or damage caused is loss or damage to a private person |
324(2), 324(4) |
The person to whom the loss or damage is caused |
|
Mischief by killing or maiming animal |
325 |
The owner of the animal |
|
Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person |
326(a) |
The person to whom the loss or damage is caused |
|
Criminal trespass |
329(3) |
The person in possession of the property trespassed upon |
|
House-trespass |
329(4) |
The person in possession of the property trespassed upon |
|
House-trespass to commit an offence (other than theft) punishable with imprisonment |
332(c) |
The person in possession of the house trespassed upon |
|
Using a false trade or property mark |
345(3) |
The person to whom loss or injury is caused by such use |
|
Counterfeiting a property mark used by another |
347(1) |
The person to whom loss or injury is caused by such use |
|
Selling goods marked with a counterfeit property mark |
349 |
The person to whom loss or injury is caused by such use |
|
Criminal intimidation |
351(2), 351(3) |
The person intimidated |
|
Insult intended to provoke a breach of peace |
352 |
The person insulted |
|
Inducing person to believe himself an object of divine displeasure |
354 |
The person induced |
|
Defamation (except specified cases) |
356(2) |
The person defamed |
|
Printing or engraving matter, knowing it to be defamatory |
356(3) |
The person defamed |
|
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter |
356(4) |
The person defamed |
|
Criminal breach of contract of service |
357 |
The person with whom the offender has contracted |
Offences Compoundable with Court Permission
|
Offence |
Section |
Person by Whom Offence May Be Compounded |
|
Word, gesture, or act intended to insult the modesty of a woman |
79 |
The woman whom it was intended to insult or whose privacy was intruded upon |
|
Marrying again during the lifetime of a husband or wife |
82(1) |
The husband or wife of the person so marrying |
|
Causing miscarriage |
88 |
The woman to whom miscarriage is caused |
|
Voluntarily causing grievous hurt |
117(2) |
The person to whom hurt is caused |
|
Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others |
125(a) |
The person to whom hurt is caused |
|
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others |
125(b) |
The person to whom hurt is caused |
|
Assault or criminal force in attempting wrongfully to confine a person |
135 |
The person assaulted or to whom the force was used |
|
Theft by clerk or servant of property in possession of master |
306 |
The owner of the property stolen |
|
Criminal breach of trust |
316(2) |
The owner of the property in respect of which the breach of trust has been committed |
|
Criminal breach of trust by a clerk or servant |
316(4) |
The owner of the property in respect of which the breach of trust has been committed |
|
Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect |
318(3) |
The person cheated |
|
Cheating and dishonestly inducing delivery of property or the making, alteration, or destruction of a valuable security |
318(4) |
The person cheated |
|
Defamation against the President, Vice-President, Governor, Administrator, or Minister in respect of public functions when instituted upon a complaint made by the public prosecutor |
356(2) |
The person defamed |