Compoundable offence under the code of criminal procedure

Under the Code of Criminal Procedure (CrPC), a compoundable offence is one where the parties (complainant and accused) can reach a compromise and settle the matter out of court, with the permission of the court. Compoundable offences are listed in the First Schedule of the CrPC.

Examples of compoundable offences under the CrPC include:

  • certain offences under the Indian Penal Code (IPC) such as voluntarily causing hurt, criminal breach of trust, and cheating
  • certain offences under special laws such as the Dowry Prohibition Act and the Prevention of Corruption Act

It’s important to note that the court’s permission is required before an offence can be compounded and even after the permission is granted, the court may impose certain conditions or make an order that it deems necessary. Also, the offences which are non-compoundable under the Indian Penal Code cannot be compounded under the CrPC as well.

How to proceed for compounding

The process for compounding an offence under the Code of Criminal Procedure (CrPC) is as follows:

  1. The parties (complainant and accused) agree to settle the matter out of court and reach a compromise.
  2. The accused person or the complainant files an application for compounding the offence before the court where the case is pending. The application should include the details of the compromise reached between the parties.
  3. The court will consider the application and, if satisfied that the compromise is genuine and the interests of justice will not be prejudiced, it may grant permission for compounding the offence.
  4. Once permission is granted, the parties will be required to execute a bond for a sum of money as determined by the court, to ensure that the compromise is carried out.
  5. After the bond is executed, the court will record the compromise and pass an order to the effect that the case shall not proceed further and the accused shall be discharged.
  6. Once the court passes the order, the case is closed and the parties are released from any further proceedings in the matter.

It’s important to note that the court has discretion to grant or deny permission to compound an offence, depending on the facts and circumstances of the case and it must be satisfied that the compromise is genuine and the interests of justice will not be prejudiced.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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