COMPOUNDABLE vs NON-COMPOUNDABLE OFFENCES | BNSS 2023 | Criminal Law | Legal Logic by Sakshi
LEGALLOGIC BY SAKSHI
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COMPOUNDABLE vs NON-COMPOUNDABLE OFFENCES | BNSS 2023 | Criminal Law | Legal Logic by Sakshi
85 просмотров · 5 часов назад
LEGALLOGIC BY SAKSHI
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85 просмотров · 5 часов назад
COMPOUNDABLE vs NON-COMPOUNDABLE OFFENCES | BNSS 2023 | Criminal Law | Legal Logic by Sakshi
#offence #bnss2023 #criminallaw #bharatiyanagariksurakshasanhita
What is the difference between a Compoundable Offence and a Non-Compoundable Offence? Can the victim and accused settle a criminal case? When is the permission of the Court required? Can every criminal offence be compromised?
In this video, we explain Compoundable and Non-Compoundable Offences under BNSS 2023 in a simple, conceptual and exam-oriented manner.
⚖️ Topics Covered in This Video:
• Meaning of Compoundable Offence
• Meaning of Non-Compoundable Offence
• Compoundable vs Non-Compoundable Offences
• What does “Compounding of an Offence” mean?
• Who can compound an offence?
• Compoundable offences with permission of the Court
• Compoundable offences without permission of the Court
• When can parties legally settle a criminal case?
• Effect of compounding on criminal proceedings
• Role of the victim / person aggrieved
• Role of the Court in compounding
• Can Non-Compoundable offences be compromised?
• Difference between Compounding and Quashing of Criminal Proceedings
• Important principles under BNSS 2023
• Practical examples for easy understanding
• Important MCQ & Judiciary Exam points
🤝 WHAT IS A COMPOUNDABLE OFFENCE?
A Compoundable Offence is an offence which the law permits to be settled between the accused and the person specified by law as competent to compound it.
Depending upon the offence, compounding may be permitted:
✅ Without the permission of the Court, or
✅ With the permission of the Court
Once an offence is validly compounded, it generally results in the acquittal of the accused in relation to that offence.
🚫 WHAT IS A NON-COMPOUNDABLE OFFENCE?
A Non-Compoundable Offence is one which cannot ordinarily be compounded merely on the basis of a private settlement between the parties under the statutory compounding provisions.
This is generally because the offence is considered to have a wider impact on society and public interest, rather than being merely a private dispute.
⚠️ Important Concept for Law Students
Compounding and Quashing are not the same thing.
Even where an offence is legally non-compoundable, a High Court may, in an appropriate case and subject to established legal principles, consider quashing criminal proceedings on the basis of settlement while exercising its inherent jurisdiction.
So remember:
Compoundable ≠ Automatically Quashable
Non-Compoundable ≠ Always Impossible to End Through Settlement
The nature of the offence, seriousness of allegations, public interest and judicial principles remain important.
📌 Quick Revision
COMPOUNDABLE OFFENCE
➡️ Settlement is permitted by law
➡️ Can be compounded by the legally authorised person
➡️ Some require Court permission
➡️ Some do not require Court permission
➡️ Valid compounding generally leads to acquittal
NON-COMPOUNDABLE OFFENCE
➡️ Cannot ordinarily be compounded under the statutory provision
➡️ Mere private compromise is not sufficient
➡️ Generally involves greater public or societal interest
➡️ Quashing by a High Court is a separate legal concept
🎯 This Video is Useful For:
✅ Judiciary / Judicial Services Examinations
✅ State Judiciary Exams
✅ APO / APP Examinations
✅ CLAT PG
✅ AIBE
✅ UGC NET Law
✅ LL.B. & LL.M. Students
✅ Criminal Law Students
✅ Police & Prosecution Exams
✅ Anyone preparing BNS / BNSS / BSA 2023
🎓 LEGAL LOGIC BY SAKSHI
By Sakshi | CS | ADVOCATE | L.L.M
Our aim is to make Criminal Law simple, logical, conceptual and exam-oriented so that you understand the law instead of simply memorising provisions.
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💬 Comment below: What is the main difference between a Compoundable and Non-Compoundable Offence?
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