Difference between Compoundable Offense and Non-compoundable Offense
Basis |
Compoundable Offense |
Non-compoundable Offense |
---|---|---|
Nature of Offense |
A compoundable offense is of a less serious character. |
Non-compoundable offenses have a serious aspect to their offense. |
Compoundability |
In the case of a compoundable offense, the accused may have the charges against them withdrawn. |
When an infraction is non-compoundable, the allegations brought against the offender cannot be withdrawn. |
Parties Involved |
The only person affected by a compoundable offense is an individual. |
The non-compoundable offenses affect the person as well as society at large. |
Court’s Approval |
Compoundable offense settlements can be reached with or without the court’s consent |
An offense that is not compoundable can only be quashed; it cannot be made into a new offense. |
Filing of the Case |
Compoundable offense cases are frequently filed by private parties. |
For offences that are not compoundable, cases are brought by the state. |
Can Charges Be Dropped? |
If the person who was harmed agrees, charges against the accused may be withdrawn. |
The accusations against the accused cannot be withdrawn. |
Trial After Settlement |
An accused person who has committed a compoundable offense may be released free upon reaching a settlement; a new trial is not required. |
Non-compoundable offenses need a full trial where the accused is found either guilty or innocent in light of the evidence. |
Example |
Saying things intentionally to hurt someone’s religious feelings – Section 298, IPC, Unlawful entry into a home or building – Section 448, IPC, etc. |
Restraining someone without lawful authority for a period exceeding three days – Section 343, IPC, and Using physical force or assault against a woman with the intent to outrage her modesty – Section 354, IPC, among others. |
Difference between Compoundable Offense and Non-compoundable Offense
Compoundable and Non-compoundable offenses are two distinct categories within the scope of legal offenses. These categories offer a framework for comprehending the seriousness of certain offenses and the methods the legal system uses to address them. Small-time offenses that can be resolved through compromise by the victim are known as compoundable offenses. Severe offenses that are not subject to compounding are those that need complete trials to be prosecuted, known as Non-compoundable offenses.
Table of Content
- What are Compoundable Offenses?
- What are Non-compoundable Offenses?
- Difference between Compoundable Offense and Non-compoundable Offense
- Conclusion
- Difference between Compoundable Offense and Non-compoundable Offense- FAQs
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