Chapter XXIV
Section 320 CrPC: Compounding of offences
New Law Update (2024)
Section 357 BNSS
TRIAL COURT
Court trying the offence
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf, may, with the permission of the Court, compound such offence.
(2) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court, compound such offence.
Important Sub-Sections Explained
Section 320 (Tables of Compoundable Offences)
This crucial part of Section 320 lists specific offences from the Indian Penal Code and other laws that can be settled by compromise (compounded), either with or without the Court’s permission. It acts as the primary guide for determining which cases can be legally resolved out of court between the parties.
Section 320(1) & (2)
These sub-sections address special situations regarding who can compound an offence. Sub-section (1) allows a person competent to contract (with court permission) to compound an offence on behalf of a minor, an ‘idiot’, or a ‘lunatic’ victim, ensuring their interests are represented. Sub-section (2) permits the legal representative of a deceased competent person to compound the offence (with court consent), preventing the proceedings from continuing unnecessarily due to the victim’s death.
Landmark Judgements
Gian Singh v. State of Punjab (2012):
This landmark Supreme Court judgment clarified the High Court’s power under Section 482 CrPC to quash criminal proceedings in compoundable and non-compoundable cases where a genuine compromise has been reached. It held that the High Court could quash proceedings even in non-compoundable cases, particularly if the offence is predominantly private in nature and does not involve a grave public wrong or moral turpitude, to secure the ends of justice or to prevent abuse of the process of any Court.
Narinder Singh v. State of Punjab (2014):
Building upon Gian Singh, the Supreme Court provided further comprehensive guidelines for High Courts to follow while exercising their inherent power under Section 482 CrPC to quash criminal proceedings on the basis of compromise. It distinguished between various categories of offences and emphasized factors like the nature and gravity of the offence, the impact on society, and whether the victim has been duly compensated.
State of MP v. Laxmi Narayan & Ors. (2019):
This Supreme Court decision further refined the principles enunciated in Gian Singh and Narinder Singh. It clarified that while the High Court has inherent power to quash criminal proceedings involving non-compoundable offences based on a settlement, this power should be exercised cautiously, particularly in serious offences like murder, rape, dacoity, or those under special statutes which involve public elements. It reiterated that primarily private disputes with no impact on society are more suitable for quashing based on compromise.
Draft Format / Application
IN THE COURT OF THE [Magistrate/Sessions Judge] AT [City]
C.C. NO. [_______] OF [Year]
[OR]
F.I.R. NO. [_______] OF [Year], P.S. [Police Station Name], DISTRICT [District Name]
IN THE MATTER OF:
[Complainant/Prosecution]
VERSUS
[Accused Name(s)]
APPLICATION UNDER SECTION 320 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR PERMISSION TO COMPOUND THE OFFENCE
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned case is presently pending before this Hon’ble Court.
2. That the Accused is charged with an offence punishable under Section [Relevant IPC Section(s)] of the Indian Penal Code, 1860 [or other relevant Act].
3. That the aforesaid offence is compoundable with the permission of the Court as per the Table provided in Section 320 of the Code of Criminal Procedure, 1973.
4. That the Complainant/Victim and the Accused have amicably resolved their differences and have reached a genuine compromise without any coercion, undue influence, or pressure from any side.
5. That the terms of the compromise include [Briefly mention terms, e.g., ‘the Accused has tendered an unconditional apology and paid compensation of Rs. XXXXX to the Complainant’, or ‘the parties have agreed to settle the dispute out of court’].
6. That the Complainant/Victim no longer wishes to pursue the prosecution against the Accused in light of the aforesaid compromise.
7. That allowing the compounding of the offence would serve the ends of justice and promote peace between the parties.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Grant permission to the Complainant/Victim and the Accused to compound the offence punishable under Section [Relevant IPC Section(s)].
b) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
Date: [Date]
Place: [Place]
[Signature of Complainant/Victim]
[Name of Complainant/Victim]
[Signature of Accused]
[Name of Accused]
THROUGH
[Advocate for Complainant/Victim]
[Enrolment No.]
[Contact No.]
[Advocate for Accused]
[Enrolment No.]
[Contact No.]