Introduction -A composition is an arrangement whereby there is the settlement of the differences between the injured party and the person against whom the complaint is made. It is not necessary that the composition should be in writing it can be oral also. In such a situation, both the parties agree that there has been a compromise, and the court has to dispose of the case in terms of that compromise and the petitioner is to be acquitted. On the other hand, if parties differ then the court has to call upon them to lead evidence and then record a finding on such evidence.
The offenses that may lawfully be compounded which are our mission in Section 320 of the Code of Criminal Procedure.
The offenses other than those mentioned cannot be compounded. The offenses are punishable under laws other than the Penal Code are not compoundable.
Compounding of offenses (Section 320) -
(1) The offenses are 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:-
Offense Section of the Indian Penal Person by whom offense may be Code applicable compounded 1 2 3.
Uttering words, etc., with deliberate The person whose religious intent to wound the religious 298 feelings are intended to be feelings of any person. wounded.
Causing hurt..... 323,334 The person to whom the hurt is caused.
Wrongfully restraining or The person restrained or confining any person. 341,342 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 426,427 The person to whom the loss damage caused is loss or damage or damage is caused.
to a private person.
Criminal trespass... The person in possession of 447 the property trespassed upon.
Criminal breach of contract of 448 Ditto Adultery 491 The person with whom the offender has contracted.
Enticing or taking away or detaining 497 The husband of the woman. with criminal intent a married woman
Defamation 498 Ditto
Printing or engraving matter, 500 The person defamed. knowing it to be defamatory.
Sale of printed or engraved substance containing defamatory 502 Ditto matter, knowing it to contain such matter.
Insult intended to provoke a 504 The person insulted breach of the peace.
Criminal intimidation except when the offense is punishable 506 The person intimidated. with imprisonment for seven years
The act caused by making a person believe that he will be an object 508 The person against whom the of divine displeasure. the offence was committed.
(2) The offenses punishable under the sections 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 offense is pending, be compounded by the person mentioned in the third column of that Table:-
Offense, Section of the Indian Penal Person by whom offense may be Code applicable compounded 1 2 3
Voluntarily causing hurt by 324 The person to whom hurt is dangerous weapons or means caused.
Voluntarily causing grievous 325 Ditto hurt.
Voluntarily causing grievous hurt 335 Ditto on the grave and sudden provocation.
Causing hurt by doing an act so rashly and negligently as to 337 Ditto endanger human life or the personal safety of others.
Causing grievous hurt by doing an act so rashly and negligently 338 Ditto as to endanger human life or the personal safety of others.
Wrongfully confining a person 343 The person confined. for three days or more.
Wrongfully confining for ten 344 Ditto or more days.
Wrongfully confining a person 346 Ditto in secret.
Assault or criminal force to woman 354 The woman assaulted to whom with intent to outrage her modesty the criminal force was used.
Assault or criminal force in the attempt- 357 The person assaulted or to ting wrongfully to confine a person whom the force was used.
Theft, where the value of property 379 The owner of the property stolen does not exceed two stolen. hundred and fifty rupees.
Theft by clerk or servant of property in possession of master, 381 Ditto where the value of the property stolen does not exceed two hundred and fifty rupees.
Dishonest misappropriation of 403 The owner of the property. misappropriated.
Criminal breach of trust, where 406 The owner of the property in the value of the property does not respect of which the breach of exceeding two hundred and fifty rupees trust has been committed.
Criminal breach of trust by a carrier 407 Ditto wharfinger, etc., where the value of
the property does not exceed two hundred and fifty rupees.
Criminal breach of trust by a clerk or 408 Ditto servant, where the value of the property does not exceed two hundred and fifty rupees.
Dishonestly receiving stolen property 411 The owner of the property knowing it to be stolen, when the stolen. value of the stolen property does not exceed two hundred and fifty rupees.
Assisting in the concealment or 414 Ditto disposal of stolen property, knowing it to be stolen, where the value of the stolen property does not exceed two hundred and fifty rupees.
Cheating.... 417 Ditto
Cheating a person whose interest the offender was bound, either 418 Ditto by law or by legal contract, to protect.
Cheating by personation 419 Ditto
Cheating and dishonestly inducing 420 Ditto delivery of property or the making alteration or destruction of valuable security.
Fraudulent removal or concealment of property, etc., to prevent 421 The creditors who are distribution among creditors. affected thereby.
Fraudulently preventing from being 422 Ditto made available for his creditors a debt or demand due to the offender.
Fraudulent execution of the deed of 423 The person affected transfer containing false thereby statement of consideration.
Fraudulent removal or concealment 424 Ditto of property.
Mischief by killing or maiming 428 The owner of the cattle or animal of the value of ten rupees animal. or upwards.
Mischief by killing or maiming 429 The owner of the cattle or cattle, etc., of any value or any animal. other animal of the value of fifty rupees or upwards.
Mischief by injury to work of irriga- 430 The person to whom the loss tion by wrongfully diverting water or damage is caused. when the only loss or damage caused is loss or damage to a private person.
House-trespass to commit an 451 The person in possession of an offence (other than theft) the house trespassed upon. punishable with imprisonment.
Using a false trade or property 482 The person to whom loss or mark. injury is caused by such use.
Counterfeiting a trade or property 483 The person whose trade or mark used by another. property mark is counterfeited.
Knowingly selling, or exposing or 486 Ditto possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark.
Marrying again during the lifetime 494 The husband or wife of the of a husband or wife. person so marrying.
Defamation against the President or 500 The person defamed. the Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor.
Uttering words or sounds or making 509 The woman whom it was gestures or exhibiting any object intended to insult or whose intending to insult the modesty of privacy was intruded upon. a woman or intruding upon the privacy of a woman.
(3) When any offense is compoundable under this section, the abetment of such offense or an attempt to commit such offense (when such an attempt is itself an offense) may be compounded in like manner.
(4) (a) When the person who would otherwise be competent to compound an offense 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 offense.
(b) When the person who would otherwise be competent to compound an offense 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 offense.
(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offense 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 powers of revision under section 401 may allow any person to compound any offense in which such person is competent to compound under this section.
(7) No offense shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offense.
(8) The composition of an offense under this section shall have the effect of an acquittal of the accused with whom the offense has been compounded.
(9) No offense shall be compounded except as provided by this section.
See Also...Juvenile Justice Board (Section 4 to Section 9)
Withdrawal of cases and Appeals (Code of Criminal Procedure 1973)
Transfer of Criminal Cases and Appeals (Cr.P.C Section 406 to Section 408 )
Maximum period for which an undertrial prisoner can be detained (436A CR.P.C)