Report No. 227

Nature of Offence

The offence under Section 494 of the Indian Penal Code is non-cognizable, bailable and compoundable by the aggrieved spouse with the permission of the court. That the offence is compoundable by mutual consent of the parties was affirmed in Narotam Singh v State of Punjab AIR 1978 SC 1542

In the State of Andhra Pradesh, however, by a local amendment of 1992 the offence under Section 494 was made cognizable, non-bailable and non-compoundable.

The offence under Section 495 of the Penal Code is non-cognizable, bailable and - unlike that under Section 494 - non compoundable. Notably, in Andhra Pradesh this offence too has been made cognizable and nonbailable.