What is the difference between compoundable and non-compoundable offence?

Introduction

Crimes are the most reprehensible social evil in society. It affects the very structure of the society upon which it is dependent i.e. peace, co-existence, order, law and morality and so on. To prevent crimes, we have a comprehensive penal code which punishes the criminals and prevents criminals from inflicting major blow on the society. As crimes could be severe or less severe in nature, as such its punishments and trials of the crimes can be compromised depending upon the severity of the crime committed by the criminal. As such, code of criminal procedure 1973 classifies crimes in two categories. One is compoundable offences and the other is non-compoundable offences. In the former, the complainant can compromise with the accused and condone the misdeed of the criminal subject to the procedure given in the code of 1973, whereas in the latter the crime of the criminal cannot be compromised at any cost because it is considered to be the crime committed against the state. The reason behind such classifications is that those crimes which are in severe in nature and could affect society at large, then such crimes cannot be condoned at any cost for example- rape, sexual harassment etc. In this blog, we will discuss the differences between compoundable and non-compoundable offences and its provisions given in CrPc 1973.

What are compoundable offences?

Compoundable offences are those offences which could be compromised by the complainant, or the person on his behalf authorized by the competent court, against the accused subjecting to the provisions enumerated in section 320 of code of criminal procedure, 1973. This section provides for the procedures of compounding of offences further it also prescribes which offences could be compounded and by whom. In section 320(1) of the code of criminal procedure, the offences enumerated under it could be compounded without the permission of the court for example- section 379 which talks about theft could be compounded by the owner of such stolen property, section 341, 342 etc. In sub-section 2 of the section, the person intending compound such crime must take prior permission of the court before going for any compromise for example section 420 which talks about cheating, section 494 related to bigamy etc. In addition to it, if the accused has been convicted and appeal is pending, then no compounding of offences will take place unless the prior leave of the court. Under section 401 and 320(6) of the code, high court has inherent power to allow any person to compound any offence. Moreover, if the person has been convicted twice for the enhanced punishment or different kind of punishment for the same offence, then such person cannot be convicted. Once the accused has been absolved of the offence by way of the composition, then such composition shall have the effect of acquittal.

Difference between compoundable and non-compoundable offences

Offences other than provided in section 320 of the code of criminal procedure are non-compoundable offences and such offences are considered to be severe in nature. Moreover, such offences are not compoundable because it has been brought by state or police against the accused. Non-compoundable offences are crime committed against private individual as well as state which renders such offences non-compoundable.

Conclusion:

To sum up, compoundable offences are those offences which have been enumerated in section 320 of the code of criminal procedure, whereas the left offences are non-compoundable. There is no scope of leniency in non-compoundable offences and the accused concerned has to face the prosecution because such committed crime by him is against the private individual as well as the state. However, section 320 of the code of criminal procedure gives the complainant right to compromise with the accused, yet those compromises are subject to the permissions of the court and procedures given under its sub-section. Moreover, there are specific offences which cannot be compounded without the prior permission of the competent court. So, if the offence committed falls under the ambit of section 320 of the code of criminal procedure, then such offences are condoned by way of composition initiated by the complainant.