Is Grant of Leave for Compounding of Offence U/s 320 Cr.P.C automatic? Supreme Court

Team SoOLEGAL 16 Feb 2021 4:17pm

Is Grant of Leave for Compounding of Offence U/s 320 Cr.P.C automatic? Supreme Court

Under Section 320 of Cr.P.C., the grant of leave is neither automatic nor mechanical.

The Supreme Court of India was hearing a case where the counsel stated that an incident of custodial violence case against two police personnel had taken place on 4th May, 1985 and that offences under Section 320 of Cr.P.C. was compoundable at that point of time and later the same was converted to non-compoundable. The counsel also stated that at present, both the accused are over the age of 75 years and the offence should be counted as compoundable because the matter was settled between the victim’s family and accused.

According to the bench that was hearing the matter, an offence can only be changed from non-compoundable to compoundable with the permission of the Court. The bench stated that the duty of the police is to protect citizens of the country and not create fear amongst them.

The case that had happened in the year 1985 was that two policemen had beaten up the victim so brutally and mercilessly in the police station that he had died on the spot and a case was filed against the accused. The Court, after studying the evidences, stated that the offence cannot be counted as compoundable and rejected the petition as the victim had died on the same day when the incident took place. Instead, the Court reduced the punishment of the accused by 6 months as both of them were above the age of 75 years and increased the compensation to 3.5Lacs which is to be paid to the family or surviving legal heirs of the victim.

Tagged: Supreme Court   custodial violence case  
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