NAME: -

Muhammad Salman

BATCH #

37

Assignment

Thought paper

SUBMITTED DATE: - 07-12- 201

Compoundable offences

Compoundable offences are those offences where, the complainant (one who has
filed the case, i.e. the victim), enter 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
to.

Non Compoundable offences

Non- Compoundable offences are some offences, which cannot be compounded.

They can only be quashed. The reason for this is, because the nature of 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.

Question No1

One of the questions posed by the Supreme Court itself during the course of the
hearing was that could a non-compoundable offence be treated as a
compoundable offence for acquittal if a coordinate compoundable offence
committed in the same case had been compounded by the relevant parties.

Answer

Justice Asif Saeed Khosa explained in the verdict that the non-compoundable
offence of terrorism was an offence distinct and independent from any other
coordinate offence committed in the same case. “Thus it is hereby held that an
offence which the law declares to be non-compoundable remains no
compoundable even if in a coordinate compoundable offence a compounding
takes place between the relevant parties,” Therefore, it added, despite any
compounding of the coordinate compoundable offence an acquittal could not be
granted in the non-compoundable offence on that sole basis.
Terrorism cases would remain non-compoundable even if the aggrieved parties
pardoned the guilt of the offender in other less heinous crime committed acquittal
cannot be given only on the basis of pardoning of the legal heirs.(Muhammad
Amin vs the state) 2002scmr 1017.

Question 2

The next question was can the sentence passed in a non-compoundable offence
be reduced on the ground that a coordinate compoundable offence committed in
the same case had been compounded by the relevant parties?

The answer in the judgement was that consideration of reduction of the sentence
lies within the discretion of the court seized with the matter and cannot be treated
as automatic.

Question no 3

The third question was which of the courts would reduce the sentence in respect
of a noncompoundable offence?

The Supreme Court explained that the trial court could reduce the sentence at the
end of trial.

CONCLUSION

“If the settlement between the parties reached in the coordinate compoundable
offence at the appellate or revisional stage before a high court or the Supreme
Court at the stage of appeal or review petition, then a prayer for reduction of the
sentence passed for commission of the non-compoundable offence can be raised
before the court seized with the pending matter.
Section 320 of the CrPC looks at compounding of offences. Compoundable
offences are less serious criminal offences and are of two different types
mentioned in tables in Section 320 of the CrPC, as follows:

1. Court permission is not required before compounding – Examples of these

offences include adultery, causing hurt, defamation criminal trespass.

2. Court permission is required before compounding – Examples of such offences

are theft, criminal breach of trust, voluntarily causing grievous hurt, assault on a
woman with intention to outrage her modesty, dishonest misappropriation of
property amongst others.

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.

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.

All those offences, which are not mentioned in the list under section (320) of CrPC,
are non-compoundable offences.

Under a non-compoundable offense, a private party as well as the society, both

are affected by such offenses

In Non-compoundable offense, no compromise is allowed. Even the court does not

have the authority and power to compound such offense. Full trail is held which
ends with the acquittal or conviction of the offender, based on the evidence given.