Compoundable and non – compoundable offences
Nature of crime is the first point we need to consider while categorising if an offence is compoundable or non-compoundable.
Offences is an act of person that basically hurts , disturbs or creates a chaos or havoc in the society , shaken up the tranquility of the place ,person , state etc.
So, an offence can be highly disastrous in nature or can have low impact as well.
So , offences that are not grave and serious are compoundable offences
On the contrary , offences that are serious with her disaster frequency.
Withdrawal of the charges:
In a crime , mostly there’s a victim and there’s an accused person who has committed the crime or has done wrong with the victim , so, the victim has complaint and certain charges against the respondent .
A victim is given a chance to withdraw its charges against the respondent in case of compoundable offences only . It’s a total voluntary step decided by the victim , if he/she wants to compromise ,
the option of withdrawing the charges is given by the court only in the case of compoundable offences but non – compoundable offences that cannot be compromised and the victim is not even given a chance to withdraw it’s charges .
It's not like all the offences under non- compoundable offences cannot be given a chance to compromise. High court has a power under Sec 482 where high court can quash a case.
The victim and respondent together has to convince or request the high court that they are ready to compromise and high court has the full authority to decide whether give a chance to compromise or not.
Affected parties :
The affected parties in compoundable offence are individuals for example – A stole cycle of B
here , B has suffered loss of moveable property and hence is the Mostly Private Individual who has been affected
while , in case of a murder , for example – A murdered B
here B’s family is the victim but also the whole society is affected by the incident
So , when both , mostly private individual as well as state has been affected by the offence it is categorised under non-compoundable offence.
filing of the case :
compoundable offence , are non -cognizable offence as they are against a private individuals
and the complaint is noted in the non-cognizable offence register.
While non-compoundable offences are against the state and thus an FIRis filed
In case of compoundable offences types the court permission is required before compounding for example causing miscarriage, voluntarily causing grievous hurt, criminal breach of trust, bigamy etc
There are certain offences where parties can compound without the permission of the court for example voluntarily causing hurt, wrongfully restrained meant or confinement of any person, assault or use of criminal force, theft, cheating, fraudulent removal or concealment of property, criminal trespass, adultery, criminal intimidation etc.
There is no permission required from the court for compounding between the parties
Coming to non-compoundable offences , no types or opportunities is required. For example in the case of kidnap murder etc.
Comments
Post a Comment