Legal Lawyer in DELHI NCR for
320. 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.
|Offence||Section of the Indian Penal Code Applicable||Person by whom offence may be compounded.|
|Uttering wards, etc., with deliberate intent to wound the religious feeling of any person||298||The person whose religious feelings are intended to be wounded|
|Causing Hurt.||323, 334||The person to whom the hurt is caused. .|
|Wrongfully restraining or confining any person.||341, 342||The person restrained or confined.|
|Assault or use of Criminal force||352, 355, 358||The person assaulted or to whom criminal force is used.|
|Mischief, when the only loss or damage caused is loss or damage to a private person.||426, 427||The Person to whom loss or damage is caused.|
|Criminal trespass.||447||The Person in possession of property trespassed upon.|
|Criminal breach of contract of service||491||The person with whom the offender has contracted|
|Adultery.||497||The husband of the woman|
|Enticing or taking away or detaining with criminal intent a married woman||498||Ditto.|
|1[Defamation, except such case as are specified against section 500 of the Indian Penal Code in column 1 of the table under sub section (2).]||500||The person defamed.|
|Printing or engraving matter, knowing it to be defamatory.||501||Ditto.|
|Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.||502||Ditto.|
|Insult intended to provoke a breach of the peace.||504||The person insulted.|
|Criminal intimidation except when the offence is punishable with imprisonment for seven years.||506||The person intimidated|
|Act caused by making a person believe that he will be an object of divine displeasure.||508||The person against whom the offence was committed.|
1. Subs. by Act 45 of 1978, sec. 25, for \"Defamation (w.e.f. 18-12-1978)\"
(2) The offences punishable under the section 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.
(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 power 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 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.
In section, in the table below sub-section (2),-.
(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:-.
|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 compundable.|
|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:-|
|Criminal intimidation if threat to be cause death or grievous hurt, etc.||Part II of section 506||The person against whom the offence of Criminal Intimidation was committed."|