Compounding A Non Compoundable Offence

Folks,

I’ve always wondered how a non-compoundable criminal offence like a 498A can be compounded (withdrawn) with a “compromise”.

This is the case of Ram Lal Vs St Of Jammu And Kashmir. A pay off is made to settle the case after the conviction and an appeal is made to the Supreme Court.

In this judgment the Supreme Court says “We hold that an offence which law declares to non-compoundable even with the permission of the cannot be compounded at all.”

Here is a judgment that explains/explores that: Non-Compoundable Offence Cannot Be Compounded

The Section 320 of CPC, 1973, has a table that shows which cases can be compounded.

Here is the link to the CODE OF CRIMINAL PROCEDURE, 1973 (CPC, 1973)

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2 Responses to “Compounding A Non Compoundable Offence”


  1. 1 Meera Kaura November 21, 2007 at 8:22 pm

    Though Section 320(9) CrPC operates as a bar against compounding of non compoundable offences, the Supreme Court of India has allowed compounding of even non compoundable offences. See B.S. Joshi v. State of Haryana AIR 2003 SC 1386; Ram Pujan v. State of U.P. (1973) 2 SCC 456; Y. Suresh Babu v. State of Andhra Pradesh 1987 2(JT) SC 361; Mahesh Chand v. State of Rajasthan 1990(Supp.) SCC 681.

  2. 2 DM Singh January 3, 2012 at 4:04 pm

    High Court of India can not compound a non-Compoundable offence as the victim will loose faith in judiciary. An accused has cheated and by fraud looted over one crore, based on accused’sclaim that he may die at any moment, the victim compromised to take only 28 Lacs in lieu of Rs 94 lacs fraud, the lawer argued but still without giving any weight to argument High Court quashes the FIR, kindly send your views.


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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