Meaning of Compoundable Offences

Compoundable offences are those crimes where the person who filed the case (the
victim) agrees to drop the charges against the accused by making a genuine
compromise. This compromise should be made without any improper reasons or
benefits for the victim.
Section 359 of the BNSS deals with the possibility of resolving offences through
compromise. These offences are less severe criminal actions and fall into two
categories, as described in Section 359of the BNSS
No Court Permission Needed: These offences can be settled without needing
approval from the court beforehand. Examples of such offences include:
 Adultery
 Causing minor injuries intentionally
 Defamation
 Unlawful entry onto someone else’s property
Court Permission Needed: To resolve these offences through compromise, prior
permission from the court is required. Examples of these offences are:
 Theft
 Misappropriation of entrusted property
 Causing serious injuries intentionally
 Assault on a woman with the intention to outrage her modesty
 Dishonest use of property
Applications to settle an offence through compromise must be submitted to the
same court where the trial is ongoing. Once an offence is resolved in this way, it’s
treated as if the accused person has been found not guilty.
Examples of Compoundable Offences include:
 Saying things intentionally to hurt someone’s religious feelings –
 Unlawful entry into a home or building
 Violating a contract of service
 Printing or engraving defamatory material knowingly
Meaning of Non-Compoundable Offences
Non-compoundable offences are serious crimes that cannot be settled through
compromise. They can only be dismissed or quashed. The reason behind this is that
these offences are so severe and criminal that the accused cannot be allowed to
avoid punishment. In such cases, it’s usually the “state” or the police that has filed
the case, so the idea of the victim making a compromise doesn’t apply.
All offences that are not listed in Section 359 of the BNSS are considered non-
compoundable.
Both individuals and society are affected by non-compoundable offences.
In a non-compoundable offence, no compromise is permitted. Even the court
doesn’t have the authority to settle such an offence. A full trial takes place,
resulting in either the offender being acquitted or convicted based on the provided
evidence.
Examples of non-compoundable offences include:
 Causing intentional harm using dangerous weapons or methods
 Reckless driving or riding on a public road
 Unlawfully confining a person for three days or more –
 Physically assaulting or using criminal force against a woman with the intent to
violate her modesty
 Breach of trust by a public servant, banker, merchant or agent, etc.
 Damaging a public road, bridge, navigable river or channel, making it unsafe for
travel or property conveyance
 Creating fake marks that public servants use to denote property ownership or
quality
Difference Between Compoundable and Non-Compoundable Offences
The difference between Compoundable and Non Compoundable offences can be
comprehended by exploring the following key aspects in greater detail:
Nature of Crime
Compoundable offences are characterised by their less severe nature. On the other
hand, non-compoundable offences are marked by their gravity and seriousness,
making them significantly more severe in comparison.
Withdrawal of Charges
In cases of compoundable offences, the charges levied against the accused can be
retracted or withdrawn if both parties reach a compromise. However, in the realm of
non-compoundable offences, the charges brought against the accused cannot be
retracted or withdrawn, regardless of any agreements between parties.
Affected Parties
Compoundable offences predominantly impact private individuals, often involving
disputes between individuals. Contrarily, non-compoundable offences extend their
ramifications to both private individuals and the broader society at large,
suggesting a broader social consequence.
Compoundable Nature
In the context of compoundable offences, the process of resolution can transpire
with or without the court’s approval. The parties involved can resolve the matter
through an agreement, either with or without the court’s formal endorsement.
Conversely, in non-compoundable offences, the option of compounding the offence
is off the table; the only recourse is to seek the quashing of the charges.
Filing of the Case
The origination of cases related to compoundable offences generally stems from
private individuals, who initiate legal proceedings against the accused. In contrast,
cases associated with non-compoundable offences are often initiated by the state or
government authorities, emphasising the state’s involvement in seeking justice for
more serious crimes.
Offences can be classified into 3 distinct categories:

 Bailable and Non-Bailable Offences

 Cognizable and Non-Cognizable Offences

 Compoundable and Non-Compoundable Offences

Before we discuss these categories in detail, it's important to examine Schedule

1(Classification of Offences) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)/
Criminal Procedure Code (CrPC). This schedule explains which offences are compoundable or
non-compoundable and whether they are bailable or non-bailable.

Categories of Offences

The BNS categorises offences based on severity (e.g., serious vs. non-serious offences), which
includes factors such as -
 1. Cognizability (cognizable vs. non-cognizable offences): These categories define
whether the police can arrest without a warrant (cognizable) or need a warrant (non-
cognizable).

2. Bailability (bailable vs. non-bailable offences): These terms determine whether or not
an accused person can be granted bail.

3. Compoundability (compoundable vs. non-compoundable offences): This classification

tells us if the offence can be settled between the victim and the accused
(compoundable) or if it must be dealt with strictly by the courts (non-compoundable).

1. Bailable and Non-Bailable Offence

 Bailable Offence: Offences where bail is a right, and the accused can be released by
offering bail. These tend to be less serious crimes.

 Non-Bailable Offence: In more serious offences, bail is not a right and is granted only
at the discretion of the court.

Aspect Bailable Offence Non-Bailable Offence

Serious, similar to Cognizable
Nature Less Serious
Offences
Defined Under
Section 2(a) of the CrPC Section 2(a) of the CrPC
Old CrPC
Defined Under Section 2(1)(c) of the
Section 2(1)(c) of the BNSS
New CrPC BNSS
The accused cannot demand
The accused gets bail as a
Right to Bail bail as a matter of right; the
matter of right
court decides
In what cases is bail to be When bail may be taken in case
taken: of non-bailable offence:
Relevant Legal
Provision
Section 436 of CrPC/ Section 437 of CrPC/ Section
Section 478 of BNSS 480 of BNSS
Court's No discretionary power; The court exercises discretion
Discretion bail is granted as a right on whether to grant bail or not
Petty theft, perjury, insult Dacoity, terrorism-related
Example to a woman's modesty, offences, child sexual abuse,
etc. etc.

2. Cognizable and Non-Cognizable Offence

 Cognizable Offence: In this type of offence, the police have the right to arrest without
a warrant and begin an investigation. These are typically more severe crimes like
murder or theft.
  Non-Cognizable Offence: For this kind of offence, the police need a warrant to arrest,
and an investigation can only start with a court’s permission. These include less severe
crimes, like defamation.

Aspect Cognizable Offence Non-Cognizable Offence

Serious (e.g., murder,
Less serious (e.g., simple hurt,
Nature sedition, rape, dowry
assault, criminal defamation)
death)
Defined Under
Section 2(c) of CrPC Section 2(l) of CrPC
Old CrPC
Defined Under
Section 2(1)(f) of BNSS Section 2(1)(o) of BNSS
New CrPC
Arrest Without
Yes No
Warrant
Cannot be lodged; complaints are
FIR Can be lodged registered under NCR (Non-
Cognizable Register)
Police can start without Police need court permission to
Investigation
court permission start an investigation
Example Rape, dacoity Assault, criminal trespass

3. Compounable and Non-Compoundable Offence

 Compoundable Offence: Offences where the complainant can agree to withdraw the
charges, typically minor offences like assault or theft.

 Non-Compoundable Offence: More serious crimes where charges cannot be dropped

without judicial intervention, such as rape or murder.

Compoundable
Aspect Non-Compoundable Offence
Offence
Nature of
Generally less serious Serious in nature
Offence
Compromise Allowed with court's
Not allowed
with Accused permission
Compounding of
All offences which are not
Offence:
Relevant Legal mentioned in Section 320 of
Provision CrPC/ Section 359 of BNSS
Section 320 of CrPC/
are non-compoundable.
Section 359 of BNSS
Required in certain
Court's Not required in cases
cases like theft,
Permission for like criminal defamation,
voluntarily causing
Compromise criminal trespass
grievous hurt
Risk to Society Lower risk if charges are Higher risk to society if charges
 dropped are dropped
Example Theft, defamation Rape, murder

Note-Keep in mind that there's no simple rule that every cognizable offence is non-bailable.
Even though cognizable offences are often serious, some of them are actually bailable, while
some non-cognizable offences can be non-bailable.

PROCESS TO COMPEL APPEARANCES

A very recent legislative enactment is the Bharatiya Nagarik Suraksha Sanhita,2023

(BNSS), which has drastically changed the criminal procedure laws of India,

replacing the Code of Criminal Procedure, 1973 (CrPC).One of the critical areas

under the BNSS is the procedures to enforce a person’s appearance in court.

Compelling a person’s appearance in court is fundamental for fair trial proceedings

and BNSS offers the specific procedures for it.

1. Issuance of summons

Under section 63 of BNSS, summons is the initial procedure under which an

appearance before court is guaranteed. Actually, it is a formal order requiring a

person to appear before a judge at a specific time and place. Normally, the accused

persons, witnesses, or any other party involved in the case are issued with

summons for purposes of appearing before court in the event the court considers

them necessary for proper conduct of the case. Under BNSS, summons can be

served through electronic means such as email or via registered post, such that it is

delivered to the concerned individual.

2. Issuance of warrants

In case a person fails to comply with the summons or in case the court feels that the

individual is likely to evade appearance, the BNSS makes provision for warrants.

There are two kinds of warrants:

 Bailable Warrant: This warrant lets the person post bail in case the person agrees

to appear before the court.

 Non-Bailable warrant: When it would be assumed that the person may abscond

from the proceedings, a non-bailable warrant is issued by the court. It is a more

serious process and the person is produced before the court after the arrest without

providing him with any emergency bails.

The BNSS places importance on the use of warrants with restraint, considering that

individual rights should be balanced against the need for effective judicial

processes.
3. Attachment of property (Section 85 of BNSS)

As a further step to compel appearance, BNSS permits the court to issue orders for

the attachment of an individual’s property. If a person fails to respond to both

summons and warrants, their property may be seized or attached by law

enforcement, essentially freezing their assets until they comply with the court’s

orders.
4. Proclamation for absconding persons (section 84 of BNSS)

This section states that if in the opinion of the court, a person against whom a

warrant has been issued, has absconded or is concealing himself so that the

warrant cannot be executed, then the court can publish a written proclamation

mandating such person to appear at a specified place & time. Such specified time

cannot be less than 30 days from the date of the issuance of the proclamation.