CAN THE NON COMPOUNDABLE NATURE OF PENAL OFFENCES BE CONVERTED INTO COMPOUNDABLITY ? (‘A multi-dimensional analysis of compensatory jurisprudence of India, through a case study’)

Author: Anirudh Tyagi (Sharda School of Law, Sharda University)

Democratic Republic of India is the state nation, the penal jurisprudence of which is based on the principle of ‘No person shall be declared guilty unless the evidences adduced against (him) the accused, are proved beyond reasonable doubt by the prosecution. Hence every attempt, action in the course of criminal matter proceedings is based on the constitutionally established grounds of reasonable, fairness and justice. Taking this essence in to consideration it should also be noted that,  in the course of any legal proceeding, every attempt must also be made to avoid the long litigation that are trials in the criminal matters, and take into consideration the process of ‘settlement of disputes among parties either by mediation or compensation or arbitration’. But on the other side, should compensatory jurisprudence on such offences be applicable whch,

1. Affects life (or)  limb, or;
2. Puts a person in the threat of death (or)injury, or;
3. Leads him to live a life not in the safe environment 

In other words, can the non-compoundable nature of penal offences be converted into compoundablity…?

The Code of Criminal Procedure, 1973 though in the definition clause does not define the compoundable offences but, under section 320 it provides the list under four tables, providing-

1. Nomenclature of the offences that qualifies to be compounded
2. Section of the offence under Indian Penal Code
3. Person by whom offences may be compounded.

It is to be noted that the then constituted Malimath Committee in the year 2000 had recommended to the central government to proceed in a the direction of amending Non-compoundable offence into compoundable, like it suggested to amend  Section 498A of Indian Penal Code,1860  into  a bailable and compoundable offence.

Analysis of Madhya Pradesh Act

In the year 2019 the then ruling government of Madhya Pradesh introduced The Criminal Law (Madhya Pradesh Amendment) Bill, 2019 in the Madhya Pradesh Assembly on July 24, 2019. On dated June 28^th, 2022 the then President of India assented the bill and then it became an act.

The M.P Bill proposed amendments to several sections of The Code of Criminal Procedure, 1973 and The Indian Evidence Act, 1872

The statement of objects and reasons

The Bill was tabled in the Assembly with the following proposals that

1.  to make offence under section 498A of IPC compoundable as the complaint in such offences is the outcome of matrimonial dispute and on many occasions after the cognizance of such offence the woman wants to make compromise in such offence but due to lack of provision they have to go a long way to High Court, which creates hindrance in resolving matrimonial dispute.
2. that the Madhya Pradesh Amendment Act of 1999 made Sections 147 IPC, (rioting) 294 IPC (obscene songs or words in a public place) and 506 IPC (criminal intimidation) compoundable but in 2009, the Union government amended the CrPc which again led to such offences becoming non-compoundable, leading to a backlog of cases in the court.

The consequence of which emerged such that after compounding the main offences, cases are pending for long times unnecessarily in the court for adjudication. Therefore, it felt desirable to again amend Section 320 of the CrPc, 1973 to make aforesaid cases compoundable.

Following which suitable amendments were proposed also in the sections 273, 278, 281, 291, 305, 317 and 353 of the Code of Criminal Procedure, 1973.

The apex court through various judgments, time to time and case to case[1]basis like has propounded

“That even in non-compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases”[2]

CONCLUSION

It is an incontrovertible fact today, that the pendency has crossed its limits.

IN THE SUPREME COURT OF INDIA [3]

(As on 1.11.2022)

CASES	PENDING
Five Judges Bench Matters	294
Seven Judges Bench Matters	36
Nine Judges Bench Matters	258
Overall	69,781

Followed which, the data of the High Courts and the district courts makes the situation more tragic. Hence the non compoundable nature of penal offences be converted into compoundablity, though a legislative task but shall act-

1.  in order to achieve the target of reducing pendency in the courts
2. Promote Alternative Dispute resolution practices
3. Avoid Litigation in non required matters
4. Shall promote social and family unity
5. Avoid the emergence of causation of crimes
6. Avoid family and social disintegration
7. Promote Article 39 A, Provided under the Constitution of India.

Being that, it must not also be forgotten that violators of peace, law and order must be handled accordingly, in accordance with the procedure established by laws and shall be tried for the commission of offences. Emile Durkheim fairly observed

“Crime is a social phenomenon. A society composed of persons will not be free from violations of the norms of society”

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[1] Shiji Vs.Radhika & Another (2011) 10 SCC 705, Narinder Singh & others Vs. State of Punjab (2014) 6 SCC 466,

[2] Jagdish Channa & others Vs. State of Haryana & another (AIR 2008 SC 1968), Madan Mohan Abbot Vs. State of Punjab (AIR 2008 SC 1969),

[3] https://main.sci.gov.in/statistics