In this article, we will discuss Compoundable and Non-Compoundable Offenses in a simple and easy way. Breaking the basic rules is called a crime, since the nature of the rules is different, hence the offenses are also of different types.
Today we will understand the compoundable and non-compoundable crime, then definitely read the article till the end; 💫 Key Differences
What is crime?
Any such act for which there is a provision of punishment in any law is called a crime. There are laws made by Parliament or Legislature as well as court orders, any private institutional law, custom or tradition based law etc. There can be many such laws in which there is a provision of punishment for any act.
In such a situation, no matter how much you try to escape, it becomes a crime. That is why we must know some basic things about crime. So what is crime, we have already understood it, now let’s talk further.
Which act will be a crime and what will be its punishment, it is written in the Indian Penal Code i.e. IPC 1860. And what will be the process of verifying the crime, what will be the process of punishment, what will be the process of executing it, all this has been discussed in the Criminal Procedure Code i.e. CrPC 1973.
Classification of crime
On the basis of the nature and seriousness of the offense, it is mainly classified into three parts –
1. Compoundable and non-compoundable offenses
2. ️Cognizable crime and non-cognizable offenses
3. ️Bailable and non-bailable offenses offences.
There are already articles available on two of these, in this article we will understand Compoundable and Non-Compoundable Offenses.
what is compoundable offences?
It is clear from the name of compoundable offense that an offense which can be solved. it simply means that there can be a settlement by agreement between the two parties.
To put it in other words, compoundable offenses are those offenses where, one of the parties accepts the charge leveled by the other party and thus both come to an agreement to cover up the matter.
However, in such an agreement, care has to be taken that the agreement is absolutely genuine. This means that it should not happen that the person who has been accused should get the accuser to settle by luring him with money.
There can be two types of agreement, one without the permission of the court and one after the permission of the court. Cases where settlement can take place without the permission of the court have been laid down in section 320(1) of the CrPC. And those cases in which the permission of the court is very important, those cases have been kept in section 320(2) of CrPC . And what is not mentioned in these two is called Non-Compoundable Offenses.
Overall, section 320(1) of the CrPC mentions some cases which can be resolved without the permission of the court. And this type of offense (which is mentioned herein) is called compoundable offences. However, this type of agreement has to be reported to the police.
Let us look at some cases which are considered to be compoundable offenses i.e. which can be settled by settlement without the permission of the court –
agreements without the permission of the court
1. Case of theft: This comes under section 379 of the IPC i.e. Indian Panel Code . In this, if he wants, that person can compromise whose anything has been stolen. In this case, a settlement is reached between the two parties in the mediation of the police.
2. Injury to someone: This comes under section 323 of the Indian Panel Code. In such a case, the person who has been hurt can compromise if he so desires.
3. Hurts religious sentiments: This comes under section 298 of the Indian Panel Code. If a person intentionally hurts the religious sentiments of someone, then the person who is hurt can file a report against the accused. But the police can compromise in this matter without the permission of the court.
4. Wrongful confinement: This offense has been made an offense under sections 341 and 342 of the IPC. In this, the person who has been held hostage can settle out of court if he wants.
5. Capturing or taking away a married woman: If a person takes a woman away by seduction or takes her hostage for the purpose of committing any kind of offence, it amounts to an offense under section 498 of the IPC. Comes. In this case, the husband of the hostage woman has the right to settle with the accused.
6. Unauthorized home entry: If any person or criminal enters the house of any person without permission, then such act is considered as an offense punishable under section 448 of IPC. The person whose house an attempt has been made to break into the house can report against it. But out-of-court settlement can be done in the mediation of the police.
In such cases, the permission of the court is necessary for settlement, otherwise there will be no settlement.
1. Abortion of a woman: Under section 312 of the Indian Panel Code, a woman cannot be aborted against her will, if someone does, then the aggrieved woman can file an FIR with the police. If she does so, then only a settlement can be reached in court. And the initiative of this settlement will have to be done by the victim woman, otherwise there will be no compromise.
2. Marrying for the second time: If a person / woman, having a spouse living or husband, marries another woman / man, then it will be considered as an offense under section 494 of the Indian Panel Code. If the aggrieved party registers an FIR, then there can be a settlement in the court.
3. Commenting / whistling or making any wrong gesture at a woman: All such acts which cause hurt to the dignity of a woman; is considered an offense punishable under section 509 of the Indian Panel Code. In such cases, only the woman with whom the incident took place can compromise with the concurrence of the court.
4. Holding someone hostage for 3 days: If a person keeps another person hostage for 3 days without his will, then the aggrieved person can file a case under section 343 of the Indian Panel Code. If this happens, then the settlement will be done only with the consent of the court.
5. Killing or maiming an animal of the value of ten rupees or above: If any person kills or maims an animal of the value of ten rupees or above, it is considered an offense under section 428 of the IPC. And the settlement can only be done by the owner of the animal with the consent of the court.
What is a non-compoundable offence?
Some offenses are so serious and criminal in nature that there is no scope for compromise. Because usually it is not a matter of any two individuals, but it becomes a matter of state, it has had an impact on society. There is no other option but to punish the accused.
All those offenses, which are not mentioned in the list under section (320) of CrPC, are non-compoundable offences.
That is, if you say overall, then look at CrPC section 320, there can be agreement on all the matters written in it. That which is not written therein cannot be compromised on all such matters. Hope you have understood.