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Compounding of (IPC) Offences

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NATIONAL LEGAL RESEARCH DESK

The Supreme Court, in two decisions referred to at page 1 of the report, suggested that Law Commission should undertake the exercise of identifying more compoundable offences. The Department of Legal Affairs, in its OM F. No. A-60011/63/2010-Admn. III (L.A.) dated 2nd December, 2010, referred to the Order of Supreme Court and requested the Commission to take necessary action. Further, the Home Secretary, in his D.O. letter No. 3/2/2006-Judl. Cell dated 1st September, 2009. Addressed to the Member-Secretary of the Commission, requested the Law Commission to examine the question of misuse of Section 498-A IPC and to suggest remedial measures.

In Preeti Gupta Vs. State of Jharkhand [ (2010) 8 SCC page 131), the Hon’ble Supreme Court observed that a serious re-look of the entire provision (section 498-A IPC) is warranted by a legislation. The Supreme Court deplored the tendency of several implications and exaggerated versions. The Court observed: “It is high-time that the Legislature must take into consideration the pragmatic reality and suitable changes in the existing laws”. A copy of the judgment was directed to be sent to the Law Commission of India and to the Union Law Secretary for taking appropriate steps in the larger interest of the Society. On receipt of this judgment, the Department of Legal Affairs, by its communication dated 2nd December, 2010, requested the Law Commission of India to take further necessary action in view of the observations in the said judgment. Accordingly, the Commission has made an in-depth study and identified certain offences that can be added to the list of compoundable offences under Section 320 Cr.PC. In particular, the Commission has suggested that Section 498A IPC (husband or his relative subjecting a woman to cruelty) and Section 324 IPC (causing hurt by dangerous weapons or means), should be made compoundable with the permission of the Court.

Compunding of Section 498-A Report 237

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