What is the meaning of Compoundable offence?
Asked by: Dr. Afton O'Keefe Jr. | Last update: July 6, 2022Score: 4.8/5 (40 votes)
In certain offences, the parties involved can effect a compromise while the case is under trial in the court. This is called 'compounding', further action in trial is discontinued. Cases in which this is permissible are called compoundable offences.
What is meaning of non compoundable offence?
Non- Compoundable offences are some offences, which cannot be compounded. They can only be quashed. The reason for this is, because the nature of offence is so grave and criminal, that the Accused cannot be allowed to go scot-free.
What is the difference between Compoundable offence and non compoundable offence?
Compoundable offences are those thatcan be compromised, i.e. the complainant can agree to take back the charges levied against the accused, whereas, non - compoundable offences are the more serious offences in which the parties cannot compromise.
What means compounding?
Compounding is the process whereby interest is credited to an existing principal amount as well as to interest already paid. Compounding thus can be construed as interest on interest—the effect of which is to magnify returns to interest over time, the so-called “miracle of compounding.”
Which sections are compoundable?
What are the compoundable offences (IPC) under CRPC 320, which are compoundable with out the permission of the court? Offences under Section 298, 323, 334, 341, 342, 352, 355, 358, 426, 427, 447, 448, 491, 497, 498, 500, 501, 502, 504, 506, 508 of IPC (Indian Penal Code) compoundable under CRPC 320.
Difference between COMPOUNDABLE and Non-COMPOUNDABLE OFFENCE || sec.320 crpc || OFFENCE || Legal
Are cognizable Offences Compoundable?
Offences to be cognizable for certain purposes and to be non-bailable and non-compoundable. Dowry Prohibition Act, 1961 | Bare Acts | Law Library | AdvocateKhoj. (ii) the arrest of a person without a warrant or without an order of a Magistrate. (2) Every offence under this Act shall be non-bailable and non-compoundable ...
Is Section 420 IPC compoundable?
An offence of Section 420 is compoundable but with permission of the court while an offence of Section 406 is not compoundable at all. Though Section 406, I.P.C., was mentioned in the complaint, the' complaint contained no allegations whatsoever constituting it.
Is 498A Compoundable?
From the discussion above, it is clear that although a case under Section 498A I.P.C. is not compoundable but in the special circumstances the Court has got ample jurisdiction to quash the proceedings in exercise of its powers under Article 226 of the Constitution of India.
Which Offences are non bailable?
- Murder (S.302) IPC.
- Dowry Death (S.304-B) IPC.
- Attempt to murder (S.307) IPC.
- Voluntary causing grievous hurt. ( S.326) IPC.
- Kidnapping (S. 363) IPC.
- Rape (S. 376) etc.
Can FIR be quashed before chargesheet?
The Delhi High Court has observed that the FIR and chargesheet can be quashed if the allegations made in the FIR or complaint or the evidence collected, though remaining uncontroverted, do not disclose the commission of an offence.
Can chargesheet be filed without evidence?
Section 170 of the Code of Criminal Procedure, 1973 states that if after investigation, the officer in charge of the police station (where First Information Report was first filed) believes there is sufficient evidence or reasonable grounds to arrest, they can do so and send a report to the Magistrate.
Can charge sheet be Cancelled?
Yes SSP have power to cancel chargesheet or final report until it is submitted in court.
Can chargesheet be withdrawn?
The case may be withdrawn every time earlier than the price sheet is filed with the aid of using filing a written letter to the Station head of the police station in which the FIR is lodged. If the police refuses to withdraw the criticism then you could ask the accused to get the criticism quashed.
Is Cheque bounce case non-bailable offence?
Bail in cheque bounce is a matter of right of the accused as it's a bailable offence. So you have to give an bail application through your advocate and have to give security as per the orders of the judicial magistrate.
Can I get bail in non-bailable offence?
An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.
Is murder a non-bailable offence?
Non-Bailable Offence means any other offence. Bailable offences are regarded as less grave and less serious. Bailable offences are grave and serious offences, For example- offence of murder.
What is difference between cognizable and non cognizable Offence?
Cognizable offences are those in which the police can arrest without any warrant. These are more serious in nature. Non-cognizable offences on the other hand are those for which a police officer has no authority to arrest, unless with a warrant.
Is Section 506 bailable or not?
Offence Under Section 506 IPC is Cognizable and non-bailable for 6 months wef 22.3.
Is 304 a bailable offence?
If a person is killed by someone driving under the influence of alcohol, police can apply IPC section 304 (culpable homicide not amounting to murder). It is non-bailable and the accused can then be convicted to a maximum of life imprisonment.
Which court can cancel bail?
The S-439(2) of the Code of Criminal Procedure, deals with the issue of cancellation of bail, which reads as under: The Code of Criminal Procedure, 1973- S-439(2)-A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.
How many times can bail be applied?
Bail application once rejected can again be filed if there is any change in circumstances. There is no prohibition to file a successive bail application unless there is a change in circumstances. So as per rule of practice usually second bail application in the same court is filed after filing of chargesheet.
Can anticipatory bail be Cancelled?
Anticipatory Bail Granted Ignoring Material Aspects, Nature & Gravity Of Offence Liable To Be Cancelled: Supreme Court. The Supreme Court has observed that anticipatory bail granted ignoring material aspects including the nature and gravity of the offence is liable to be cancelled.
What is the new rule of cheque bounce?
New Cheque Bounce Rule
If this minimum balance is not maintained, the cheque will bounce. In addition to this, the customer who issued the cheque may also have to pay a penalty fee. Along with these changes, the RBI announced that the National Automated Clearing House (NACH) would be operational 24 hours a day.