COMPOUNDABLE OFFENCES

COMPOUNDABLE OFFENCES

• Ä  What is compoundable offence? What is the legal effect of a valid composition? How would you differentiate between withdrawal of a case and composition of an offence?
• Ä  Which are compoundable offences? When and who can compound the offence of murder?

 INTRODUCTION

RELEVANT PROVISIONS

Section 345 is the relevant provision of the concerned topic.

MEANING OF COMPOSITION

“A composition is an agreement or settlement of difference between the injured party and against whom the complaint is made.”

MEANING OF COMPOUNDABLE OFFENCE

A offence which can be legally settled for consideration between the party against whom the offence is committed and by whom the offence is committed is said to be compoundable offence.

SCOPE OF SECTION 345

KINDS OF COMPOUNDABLE OFFENCES U/SEC 345

Compoundable offences are of the following two kinds

i-                    Offences compoundable without permission of the court.

ii-                   Offences compoundable with the permission of the court.

ESSENTIALS FOR COMPOUNDING U/SEC 345

Following are the essentials for compounding as offence

I-                    COMPOUNDABLE OFFENCE

II-                  COMPROMISE BETWEEN PARTIES

III-                WITH OR WITHOUT CONSIDERATION

IV-               AGREEMENT FOR COMPROMISE

V-                 FREE WILL OF PARTIES

VI-               COMPROMISE MUST BE MADE BY PERSON MENTIONED IN TABLE U/SEC 345

VII-             WITH OR WITHOUT PERMISSION OF COURT

WHO CAN COMPOUND THE OFFENCE OF MURDER

The following persons can compound the offence of murder;

i-                    Qatal-i-amad under section 302

ii-                  Qatal under ikrah-i-tam under section 303

iii-                Qatal-i-amad not liable to Qisas under section 308

iv-                Qatal-i-shibh-i-amad under section 316

v-                  Qatal-i-khata by rash or negligent driving under section 320

vi-                Qatal-bis-sabab under section 322

vii-              Attempt to commit Qatal-i-amad under section 324

PROCEDURE TO BE ADOPTED

COMPROMISE IN ABETMENT OR IN ATTEMPT TO COMMIT AN OFFENCE U/SEC 345(3)

PERSON COMPETENT TO COMPOUND IS MINOR, IDIOT OR LUNATIC

COMPOSITION IN PENDING APPEAL U/SEC 345(5)

COMPOSITION IN REVISION U/SEC 345(5)

EFFECT OF COMPOSITION U/SEC 345(6)

BAR ON COMPOSITION U/SEC 345(7)

TIME FOR COMPOSITION

DIFFERENCE BETWEEN WITHDRAWAL CASE AND COMPOSITION OF AN OFFENCE

I-                    AS TO NATURE

II-                  SATISFACTION OF MAGISTRATE

III-                AS TO DISCRETION

IV-                AS TO OFFENCE

V-                 EFFECT

CONCLUSION