What is compounding of offence?

To compound means “to settle a matter by a money payment, in lieu of other liability.” In criminal
law, the power to compound the offence is at the discretion of the victim. Legal provisions
regarding compounding of offences are mentioned under Section 320 of the Code of Criminal
Procedure, 1973. The object of Section 320 of the Code is to promote friendliness between the
parties so that peace between them is restored.
Compounding of Offences means to lay out a split the difference between two gatherings, where
the complainant consents to have the charges dropped against the denounced. On this premise
offences are isolated into 2 classes:
• Compoundable Offences
• Non-Compoundable Offences
……
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.
Section 320 of the code deals with compounding of offences. These are less serious in nature and
are of two different types as mentioned under S. 320 in two different tables:
1. Compounding without the permission of the Court– Examples of these offences include adultery,
causing hurt, defamation criminal trespass.
2. Court permission is required before compounding – Examples of such offences are theft,
voluntarily causing grievous hurt, assault on a woman with intention to outrage her modesty,
dishonest misappropriation of property amongst others, criminal breach of trust.
In Bhagyan Das vs The State of Uttarakhand & another. The Supreme Court has observed that a
court has discretion to reject a plea to compound an offence having social impact, even if the
offence is compoundable under Section 320 of the Code of Criminal Procedure. “Merely because
an offence is compoundable under Section 320 CrPC, still discretion can be exercised by the court
having regard to nature of offence.”
……
Non-compoundable offenses
The offences under non-compoundable offences cannot be compounded, but have to go through the
whole trial to be quashed. These offences are of a more serious and grievous nature, which affect
society as a whole and not just an individual. The reason to not allow such offences to be
compounded is that it would set a bad example in society to get away with serious offences. Non-
compoundable offences are against the public policy and thus settlement is not allowed by a regular
court to such offences. The list of offences under this is non-exhaustive, as the offences which are
not given in Section 320 of the Criminal Procedure Code are considered to be non-compoundable
offences. Such offences usually include voluntarily causing grievous hurt, hurt by dangerous
weapon, dishonest misappropriation, kidnapping or abducting to murder, etc.
……
Impact Of Compounding of An Offence
Sub Section (8) prescribes that a compounding of offence under section 320 shall have the effect of
acquittal of the accused with whom such offence has been compounded.
Kulwinder Singh vs. State of Punjab & Another, High Court held that “the offence under sections
406 and 120-B I.P.C qua the present petitioners in both these revision petitions are compounded
and the conviction and sentence of the petitioners is set aside.”
……
Contrast between the powers conceded in Section 320 and Section 482
Section 320 of the CrPC provides the list of offences that are eligible to be compounded by the
court. Section 482 confers powers on the High Court to make any order which it deems necessary
to:
give effect to the orders under CrPC;
prevent abuse of the process of any court, or
otherwise to secure ends of justice.
The difference between Section 482 and Section 320 is the power exercised under Section 320,
which enlists that, compoundable offences can be executed straight away, without specific
permissions required. But power exercised under Section 482 to quash any criminal offences, which
are not in the list of compoundable offences, shall be used cautiously with due care that is
administered with proper scrutiny. The judges of courts have a meticulous job to check on all the
necessary parameters and strike a balance between which matters are of interest to be compounded
or not.
…….
High Court on the compounding of non-compoundable offences
When the crime is civil, the harm done affects only the individual and thereby invites damages only
on him. But when the crime is criminal, its effect is not limited to an individual, but on the society
as a whole, and the offender must be punished to instill a sense of fear. This is the reason why most
offences in criminal cases are non-compoundable. The criminal offences which can be compounded
are only those which are of less significance to society and less serious.
In Rameshchandra J, Thakkar v. A.P. Jhaveri (1973) that assuming a guilty party is cleared in light
of compounding and it just so happens, the compounding done was invalid, such absolution can be
upset by the High Court by utilizing its revisionary power. Besides, in the event that a non-
compoundable guilty party is vindicated on an invalid premise, such absolution can be toppled by
the High Court. Observing case regulations will explain the crook cases to be outlined as
compoundable.
…….
Conclusion
Offences done against an individual of a less serious scale usually come under compoundable
offences, that is the mutual settlement between them can take place easily without any permission.
However, the Supreme Court has different opinions over the power of the High Court for the
compounding of non-compoundable offences which is now a settled debate. Initially, the High
Court was hesitant to allow any settlement relating to non-compoundable offences between the
parties. Over time the Supreme Court brought down proper guidelines in the case of Narinder Singh
such as the Civil nature of the offence, its seriousness, Section 307, special statutes and antecedents
or conduct of the offender. The High Court can use the power given under Section 482 to allow
mutual settlement even in non-compoundable offences. Compounding of offences shall be allowed
of the offences that are not too heinous and does not endanger the public life or society which may
result in irreparable damage. Even if courts allow such compounding and later find out that it was
based on invalid claims, courts are conferred with powers to overturn the decision.