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SECTION 320 CrPC - Code of Criminal Procedure - Compounding of offences


(1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table.

(2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table:—

(3) When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner.

(4)(a) 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.

(b) 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.

(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.

(6) A High Court or Court of Session acting in the exercise of its powers of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section.

(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.

(8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

(9) No offence shall be compounded except as provided by this section.

STATE AMENDMENT

Madhya Pradesh:

In the table below sub-section (2) of sec. 320 of the Principal Act,—

(i) in column first, second and third, before section 324 and entries relating thereto, the following sections and entries relating thereto shall be inserted, namely:—

"(1) (2) (3) Rioting 147 The person against whom the force or violence is used at the time of committing an offence:

Provided that the accused is not charged with other offence which is not compoundable. Rioting armed with deadly weapon 148 The person against whom the force or violence is used at the time of committing an offence:

Provided that the accused is not charged with other offence which is not compoundable Obscene acts or use of obscene words 294 The person against whom obscene acts were done or obscene words were used.".

(ii) in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating thereto shall be inserted, namely:—

"(1) (2) (3) Criminal intimidation if Part II of The person against whom the offence of threat to be cause death section 506 Criminal Intimidation was committed." or grievous hurt, etc.

[Vide Madhya Pradesh Act 17 of 1999 section 3 (w.e.f. 21-5-1999). ]

Comments

Section 320 Cr. P provides for compounding of certain offences with the permission of Court and certain others even without permission of Court, the concept of negotiated settlement in criminal cases is not permissible concept of `plea-bargaining' against public policy and under criminal justice system; State of Uttar Pradesh v. Chandrika, AIR 2000 SC 164: 2000 Cr LJ 384 (SC).



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