Report No. 73
2.7. Recommendation as to compounding section 320, Cr. P.C.-
Having regard to the nature of the new offence, we recommend that it should be compoundable without the permission of the court. The provision relating to compounding is to be found in section 320 of the Code of Criminal Procedure, 1973. The material portions read thus:-
"320. (1) The offences punishable under the sections of the Indian Penal Code 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.
Table
Offence |
Sections of the I.P.C. Applicable |
Person by whom offence may be compounded |
Adultery |
407 |
The Husband of the women |
Enticing or taking away or detaining with criminal intent a married woman |
498 |
Ditto |
Defamation |
500 |
The person defamed |
(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, of such person may, with the consent of the Court, compound 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".
In regard to compounding, the new offence should be dealt with by adding, in the Table below section 320(1) of the Code of Criminal Procedure, 1973, after the entry relating to the offence under section 498 of the Indian Penal Code, a suitable entry so as to provide that the proposed new offence shall be compoundable without the permission of the Court, at the instance of the wife. After the proposed amendment, the material part of section 320 of the Code of Criminal Procedure, 1973, will read as under:-
"320. (1) The offences punishable under the sections of the Indian Penal Code 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.
Table
Offence |
Sections of the I.P.C. Applicable |
Person by whom offence may be compounded |
Adultery |
407 |
The Husband of the women |
Enticing or taking away or detaining with criminal intent a married woman |
498 |
Do |
Failure by husband to pay permanent alimony or maintenance to wife when ordered by court o do so. |
498A |
The wife |
Defamation. |
500 |
The person defamed." |
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