COMPOUNDABLE & NON COMPOUNDABLE OFFENCE| SECTION 320 OF CrPC | MASKMOONJI | IN TAMIL
COMPOUNDABLE & NON COMPOUNDABLE OFFENCE| SECTION 320 OF CrPC | MASKMOONJI | IN TAMIL -
Hello everyone , in this video we have explained about COMPOUNDABLE and NON COMPOUNDABLE offences.
Meaning of Compoundable Offence
Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), 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 looks at the compounding of offences. Compoundable offences are less serious criminal offences and are of two different types mentioned in the tables in Section 320 of the Criminal Procedure Code , as follows:
1. Court permission is not required: These are offences, compounding of which do not require prior permission from the court.
Examples of these offences are:
Adultery - Section 497, IPC
Voluntarily causing hurt - Section 323, IPC
Defamation - Section 500, IPC
Criminal trespass - Section 447, IPC
Consult: T op Criminal Lawyers in India
2. Court permission is required: These are the offences, compounding of which require prior permission of the court.
Examples of such offences are:
Theft - Section 379, IPC
Criminal breach of trust - Section 406, IPC
Voluntarily causing grievous hurt - Section 325, IPC
Assault on a woman with the intention to outrage her modesty - Section 354, IPC
Dishonest misappropriation of property - Section 403, IPC
Application for compounding the offence shall be made before the same court before which the trial is proceeding. Once an offence has been compounded it shall have the same effect, as if, the accused has been acquitted of the charges.
There are some offences, although compoundable, that can be compounded only with the permission of the court. These offences should be compounded before the trial begins. Also where the accused has already been convicted, and an appeal is pending, the permission of the court is required for compounding such offences. The reason for seeking permission from the court is that these offences are grievous in nature, and are bad examples in society.
Examples of Compoundable Offences:
Uttering words etc, with deliberate intent to wound the religious feelings of any person causing hurt - Section 298, IPC
Criminal or house trespass - Section 448, IPC
Criminal breach of contract of service - Section 491, IPC
Printing or engraving matters, knowing it to be defamatory - Section 500, IPC
Meaning of Non-Compoundable Offence
Non-Compoundable offences are offences which cannot be compounded. They can only be quashed. The reason for this is that 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 the complainant entering into compromise does not arise.
All those offences, which are not mentioned in the list under Section (320) of CrPC , are non-compounds.
Under a non-compoundable offence, a private party as well as society, both are affected by such offences.
In a Non-compoundable offence, no compromise is allowed. Even the court does not have the authority and power to compound such an offence. A full trial is a trial that ends with the acquittal or conviction of the offender, based on the evidence given.
Examples of Non-Compoundable Offences :
Voluntarily causing hurt by dangerous weapons or means - Section 324, IPC
Rash driving or riding on a public way - Section 279, IPC
Wrongfully confining a person for three days or more - Section 343, IPC
Assault or criminal force to a woman with intent to outrage her modesty - Section 354, IPC
Criminal breach of trust by public servant or by banker, merchant or agent, etc. - Section 409, IPC
Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property - Section 431, IPC
Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property - Section 484, IPC
WE HOPE THIS VIDEO IS USEFUL FOR ALL OF YOU.
FOR QUERIES , GIVE US A COMMENT IN THE COMMENT BOX.
************THANKS FOR WATCHING***************
FOLLOW US ON,
Instagram🤖:
https://www.instagram.com/legal_mask_...
Facebook✨:-
/ mask.moonji
Telegram⚖️:-
https://t.me/maatrathainokkibroadcast
Youtube💵:-
https://bit.ly/3jUZ8uU
Blog🖊️:-
https://maskmoonji.blogspot.com/?m=1
#criminal#criminology#india#law#legalnews#court#crime #maskmoonjichannel#maskmoonji#mask #compoundable#non#crpc#state#section#320