Report No. 154

Issue No. 10-Compounding at the Stage of Investigation

Views of Judges

Only one judge has supported the proposal. Three do not agree and apprehended more harm than good. Further according to one Judge, in view of the provisions of section 25 of the Evidence Act and section 161 of the Code of Criminal Procedure, this power cannot be conferred on the investigating officers. Remaining have not touched upon the issue.

Twenty-seven judicial officers have supported the issue. However, they have suggested that it should be with the permission of the Court and voluntarily. According to three officers, it is not desirable at the stage of investigation due to some reasons/ investigating officers' role. Fifteen/Sixteen officers have not responded. The Institute of Judicial Training & Research (U.P.), Lucknow has offered no comments on this issue.

Views of Advocates/Government Pleaders/Bar Associations

Majority of Advocates have supported the proposal of the Law Commission, however, six/seven have not responded the issue. The Madras Bar Association did not agree with the proposal.

Views of Academicians

Dr. K.N. Chandrasekharan Pillai and Professor H.C. Dholakia have welcomed the suggestion whereas Professor B.B. Pande and Professor A.K. Saxena are silent on the issue.

Views of Police Officers

Two police officers agreed with the suggestion. However, Shri C. Anjaneya Reddy has suggested that the officers of the rank of Dy. S.P. and above should be authorized to compound the offences at he investigation stage and make a report to the Court. One officer has not responded to the issue.

Views of the State Law Commission

Himachal Pradesh Law Commission has responded in the affirmative.

Views of the State Government

The Government of Gujarat has responded in affirmative.