Compounding of Offences
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The offences which are allowed to be compounded (Compromised) are described under Section 320 of the Code of criminal Procedure, 1973. The same are categorised as the offences which are simple and not grave in nature and hence the same can be compounded by the affected party only and those which are considered to be a bit more grave and thus needing the supervision of the court while being compounded by the affected party.
The conditions and procedure is described here for compounding of offences.
When the offence is compoundable under this section its abetment and attempts are also compoundable.
When the person otherwise competent to compound an offence is a minor, idiot or lunatic, any person competent to contract on behalf of such person can compound the offence.
When the person otherwise competent to compound an offence is a dead, his legal representative may compound the offence.
When an accused has been committed to trial or has been convicted and an Appeal is pending, a leave from the court where the offence has been committed for trial or where the Appeal is pending, shall have to be obtained before compounding the offence.
A High Court or a Court of Sessions acting under their powers of Revision, may allow any person competent under this section to compound the offence.
No offence shall be compounded if the Accused is, by reason of a previous conviction, liable to either enhanced punishment or to a punishment of a different kind for such offence.
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.
No offence shall be compounded except as provided under this section.