Understanding Section 320 CrPC: Compounding of Offences

Compounding of offences under Section 320 of the Code of Criminal Procedure (CrPC) is a significant aspect of the Indian legal system. It allows for the amicable resolution of certain criminal cases, thus alleviating the burden on courts and fostering harmony between the parties involved.

This article delves into the nuances of Section 320 CrPC, exploring its provisions, the types of offences that can be compounded, the process involved, and the implications of compounding on the justice system.

Bare Act. Section 320 Cr.P.C.
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:---
1[TABLE
Offence Section of the Person by whom offence
Indian Penal may be compounded
Code applicable
1 2 3
Uttering words, etc., with deliberate 298 The person whose religious feelings
intent to wound the religious are intended to be wounded.
feelings of any person. Voluntarily causing hurt. 323 The person to whom the hurt is caused.
Voluntarily causing hurt on 334 Ditto.
provocation. Voluntarily causing grievous hurt 335 The person to whom the hurt is on grave and sudden provocation. caused.
Wrongfully restraining or confining341, The person restrained or confined.
any person. 342 Wrongfully confining a person for 343 The person confined.
three days or more Wrongfully confining a person for 344 Ditto.
ten days or more. 1 2 3
Wrongfully confining a person in 346 The person confined.
secret. Assault or use of criminal force. 352, The person assaulted or to whom 355, criminal force is used.
358 Theft. 379 The owner of the property stolen.
Dishonest misappropriation of 403 The owner of the property
property. misappropriated.
Criminal breach of trust by a carrier,407 The owner of the property in respect wharfinger, etc. of which the breach of trust has been committed.
Dishonestly receiving stolen 411 The owner of the property stolen. property knowing it to be stolen.
Assisting in the concealment or 414 Ditto.
disposal of stolen property, knowing it to be stolen.
Cheating. 417 The person cheated.
Cheating by personation. 419 Ditto.
Fraudulent removal or concealment 421 The creditors who are affected of property, etc., to prevent thereby.
distribution among creditors. Fraudulently preventing from being 422 Ditto.
made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of 423 The person affected thereby.
transfer containing false statement of consideration. Fraudulent removal or concealment 424 Ditto.
of property. Mischief, when the only loss or 426, The person to whom the loss or
damage caused is loss or damage to 427 damage is caused.
a private person. Mischief by killing or maiming 428 The owner of the animal.
animal. Mischief by killing or maiming 429 The owner of the cattle or animal.
cattle, etc. Mischief by injury to works of 430 The person to whom the loss or irrigation by wrongfully diverting damage is caused.
water when the only loss or damage caused is loss or damage to private person.
1 2 3
Criminal trespass. 447 The person in possession of the property trespassed upon.
House-trespass. 448 Ditto.
House-trespass to commit an 451 The person in possession of the offence (other than theft) punishable house trespassed upon.
with imprisonment. Using a false trade or property 482 The person to whom loss or injury is mark. caused by such use.
Counterfeiting a trade or property 483 Ditto.
mark used by another. Knowingly selling, or exposing or 486 Ditto.
possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark.
Criminal breach of contract of 491 The person with whom the offender service. has contracted.
Adultery. 497 The husband of the woman.
Enticing or taking away or detaining498 The husband of the woman and the with criminal intent a married woman
woman. Defamation, except such cases as 500 The person defamed.
are specified against section 500 of the Indian Penal Code (45 of 1860) in column 1 of the Table under sub-section (2). Printing or engraving matter, 501 Ditto.
knowing it to be defamatory. Sale of printed or engraved 502 Ditto.
substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach 504 The person insulted./bt
of the peace. Criminal intimidation. 506 The person intimidated. Inducing person to believe himself 508 The person induced.
an object of divine displeasure.
(2) 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, 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:---
2[TABLE
Offence Section of the Person by whom offence Indian Penal may be compounded
Code applicable
1 2 3
Causing miscarriage. 312 The woman to whom miscarriage is caused .
Voluntarily causing grievous hurt. 325 The person to whom hurt is caused.
Causing hurt by doing an act so 337 Ditto.
rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an 338 Ditto.
act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempt-357 The person assaulted or to whom ting wrongfully to confine a person. the force was used.
Theft, by clerk or servant of 381 The owner of the property stolen.
property in possession of master.
Criminal breach of trust 406 The owner of property in respect of which breach of trust has been committed.
Criminal breach of trust by a clerk 408 The owner of the property in respect or servant. of which the breach of trust has been committed.
Cheating a person whose interest 418 The person cheated.
the offender was bound, either by law or by legal contract, to protect.
Cheating and dishonestly inducing 420 The person cheated.
delivery of property or the making, alteration or destruction of a valuable security.
Marrying again during the life-time 494 The husband or wife of the person so marrying.
of a husband or wife.
1 2 3
Defamation against the President or the 500 The person defamed.
Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect 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 intended to gestures or exhibiting any object insult or whose privacy was intruded intending to insult the modesty of a upon. woman or intruding upon the privacy
of a woman.
3 [(3) When an 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) or where the accused is liable under section 34 or 149 of the Indian Penal Code (45 of 1860) may be compounded in like manner.]
(4) (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 powers 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 a 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.

STATE AMENDMENT
Madhya Pradesh
Amendment of Section 320.--In the table below sub-section (2) of Section 320 of the principal Act,--
(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:--
" (1)	(2)	(3)
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 compoundable
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:--
(1)	(2)	(3)
Criminal intimidation if threat to be caused death or grievous hurt, etc.	Part II of Section 506	The person against whom the offence of Criminal Intimidation was committed..
[Vide Madhya Pradesh 17 of 1999, s. 3.]

Andhra Pradesh and Telangana
Amendment of section 320 Central Act 2 of 1974.--In the code of criminal Procedure, 1973, in section 320, in sub-section (2), in the Table and in the column thereof; after item, the following item and entries relating thereto shall be inserted, namely:--
marrying again during the lifetime of a husband or wife.	494. The husband or wife of the person so marrying.
Husband or relative of Husband of a woman subjecting her to cruelty.	498-A The women subjected to cruelty: Provided that a minimum period of three months shall elapse from the date of request or application for compromise before a Court and the Court can accept a request for compounding an offence under section 498- A of the Indian Penal Code, 1860, provided none of the parties withdraw the case in the intervening period.
[Vide the Andhra Pradesh Act 11 of 2003, s. 2]

1. Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31-12-2009)
2. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009).
3. Subs. by Act 5 of 2009, s. 23, for sub-section (3) (w.e.f. 31-12-2009).

Introduction to Section 320 CrPC

Section 320 of the CrPC deals with the compounding of offences. Compounding, in legal terms, refers to the process where the complainant and the accused reach a mutually agreeable settlement, leading to the dismissal of the charges. This provision aims to promote reconciliation and expedite the resolution of disputes, particularly in cases where the offence is not of a severe nature.

What is Compounding of Offences?

Compounding of offences is a legal mechanism through which the complainant agrees to withdraw the charges against the accused, often in exchange for some form of restitution or apology. This process is particularly beneficial in minor offences where the parties prefer to settle the matter outside the court, thus saving time and resources.

Types of Offences Under Section 320 CrPC

Under Section 320 CrPC, offences are categorized into two types:

• Compoundable without the Permission of the Court: These offences can be compounded by the parties involved without seeking the court’s permission. Examples include defamation, criminal trespass, and simple assault.
• Compoundable with the Permission of the Court: These are more serious offences that require the court’s approval for compounding. Examples include causing grievous hurt, theft, and criminal breach of trust.

The Legal Process of Compounding Offences

The compounding process involves several steps:

1. Filing an Application: The parties involved must file a joint application before the court expressing their intent to compound the offence.
2. Court’s Discretion: In cases requiring court permission, the judge evaluates the application to ensure that the compounding is voluntary and not coerced.
3. Recording of Statements: The court may record the statements of the parties to ascertain the voluntary nature of the settlement.
4. Order of Compounding: Upon satisfaction, the court passes an order allowing the compounding, resulting in the acquittal of the accused.

Implications of Compounding

Compounding of offences has several implications:

• Legal Status: Once an offence is compounded, the accused is acquitted, and the case is dismissed. The compounded offence cannot be reopened.
• Criminal Records: In some cases, compounding may still leave a mark on the accused’s criminal record, depending on the nature of the offence and the court’s discretion.
• Rehabilitation: Compounding facilitates the rehabilitation of the accused, allowing them to reintegrate into society without the stigma of a criminal conviction.

Section 320 CrPC and the Indian Legal System

Section 320 CrPC plays a crucial role in the Indian legal system by promoting alternative dispute resolution. It alleviates the burden on courts, reduces litigation costs, and fosters a spirit of reconciliation.

Challenges and Criticisms

Despite its benefits, the compounding of offences under Section 320 CrPC faces several challenges:

• Misuse of Provision: There is a risk of coercion or undue influence in compounding agreements, particularly in cases involving power imbalances.
• Justice for Victims: Critics argue that compounding may compromise the interests of victims, especially in serious offences where the societal interest in punishment may outweigh individual settlements.
• Inconsistent Application: The discretion granted to judges in permitting compounding can lead to inconsistent application of the law.

Case Studies: Application of Section 320 CrPC

Case Study 1: Defamation

In a defamation case, the accused and the complainant reached an amicable settlement where the accused issued a public apology. The court, after verifying the voluntary nature of the agreement, allowed the compounding, leading to the dismissal of the case.

Case Study 2: Grievous Hurt

In a more serious case of causing grievous hurt, the court scrutinized the settlement agreement to ensure it was free from coercion. After a thorough examination, the court permitted the compounding, considering the genuine reconciliation between the parties.

Benefits of Compounding Offences

• Speedy Resolution: Compounding provides a faster resolution compared to protracted litigation.
• Reduced Legal Costs: It minimizes the financial burden on both the parties and the judicial system.
• Restorative Justice: It emphasizes repairing the harm caused rather than merely punishing the offender.

Comparison with Other Jurisdictions

Compounding of offences is not unique to India. Similar provisions exist in various legal systems worldwide, albeit with different scopes and limitations. For instance, plea bargaining in the United States allows for negotiated settlements, often resulting in reduced sentences rather than complete dismissal of charges.

Role of Legal Practitioners

Legal practitioners play a pivotal role in the compounding process. They facilitate negotiations, ensure that settlements are fair and voluntary, and assist in drafting the necessary legal documents.

Future of Compounding Offences in India

The future of compounding offences under Section 320 CrPC lies in balancing the benefits of quick, amicable settlements with the need to ensure justice and prevent misuse. Ongoing legal reforms and judicial oversight will be crucial in achieving this balance.

Conclusion

Section 320 CrPC and the compounding of offences represent a pragmatic approach to resolving minor criminal cases. While it offers numerous benefits, it also necessitates careful implementation to safeguard the interests of justice and prevent abuse. As legal systems evolve, the principles underlying Section 320 will continue to shape the landscape of criminal justice in India, emphasizing reconciliation and efficiency without compromising on fairness.

Frequently Asked Questions