Define and distinguish between Compoundable and Non Compoundable Cases

Questions: Define and distinguish between Compoundable and Non compoundable Cases. [D.J.S. 1989]

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Answer

Compoundable offences are those offences where, the complainant, enters into a compromise, and agrees to have the charges dropped against the accused. However, such a compromise should be a “Bonafide,” and not for any consideration to which the complainant is not entitled. Section 320 of the CrPC provides for the compounding of certain offences which are punishable under the IPC.

Examples of Compoundable Offences

1. Uttering words etc. with deliberate intent to wound the religious feelings of any person causing hurt.
2. Criminal or house-trespass.
3. Criminal breach of contract of service etc.

Non-Compoundable offences are some offences, which cannot be compounded. They can only be quashed. The reason for this is, because the nature of the offence is so grave and criminal, that the Accused cannot be allowed to go scot-free. Here, in these types of cases generally, it is the “state”, i.e. police, who has filed the case, and hence the question of complainant entering into compromise does not arise.

Key Differences between Compoundable and Non Compoundable Cases

1. In a compoundable offence, the nature of the offence is not so serious. While, in the non-compoundable offence, the nature of the offence is serious.
2. In a compoundable offence, charges made against the accused can be withdrawn. While in the non-compoundable offence, the charges against the accused cannot be withdrawn.
3. In a compoundable offence, it impacts only a private person. While in the non-compoundable offence it affects both, private persons as well as the society at large.
4. In compoundable offence, settlement can be done either with permission or without permission of the court. While in the non-compoundable offence, the offence cannot compound, it can only be quashed.
5. In compoundable offences, cases are generally filed by a private person. While in the non-compoundable offence, cases are filed by the state.

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