Criminal offences are of two kinds – Compoundable and Non-Compoundable offences.

Compoundable offences are those offencesthat can be compromised, i.e. the complainant can agree to withdraw the charges levied against the accused, while, non – compoundable offences are more serious offences in which the parties cannot make a compromise.

Compoundable offences

Compoundable offences are the offences where, the complainant (one who has filed a case (the victim), can enter into a compromise, and agrees to withdraw the charges made against the accused. However, this compromise should be a “Bonafide,” and not for any consideration to which the complainant is not entitled to.

Section 320 of the CrPC talks about compounding of offences. Compoundable offences are less severe criminal offences and are of two different kinds stated in tables in Section 320 of the CrPC:

1. The court’s permission is not needed before compounding – Examples of these offences include adultery, defamation criminal trespass, causing hurt.
2. The court’s permission is required before compounding. Examples of such offences are theft, criminal breach of trust, voluntarily causing grievous hurt assault on a woman to outrage her modesty, dishonest misappropriation of property etc.

The application for compounding the offence shall be made before the same court where the trial is proceeding. Once the offence has been compounded, it shall have the same effect, as if, the accused has been acquitted of the charges.

Non-Compoundable offences

Non- Compoundable offences are those offences, which cannot be compounded. But it can be quashed. The reason is the nature of the offence, which is criminal and grave, that the Accused cannot be permitted to go scot-free. In these cases, generally, the “state”, i.e. police, who files the case, and hence the possibility of the complainant entering into compromise does not occur.

All offences, which are not specified in the list under section (320) of CrPC, are non-compoundable.

Under a non-compoundable offence, a private party as well as the society, both are affected by such offences.

A full trial is held, which ends with the acquittal or conviction of the offender, based on the evidence provided.

Example of non-compoundable offences 

• Voluntarily causing hurt by making use of dangerous weapons or means.
• Causing grievous hurt by committing an act so negligently and rashly as to endanger human life or the personal safety of others.
• Wrongfully confining an individual for three days or more.
•  Criminal force or assault to woman with intent to outrage per modesty.
• Dishonest misappropriation of property.

Difference between Compoundable and Non-compoundable offence

1. Withdrawal of Charges: In a compoundable offence, charges against the accused can be withdrawn. While in non-compoundable offence, the charges against the accused cannot be withdrawn.
2. Nature of Crime: In a compoundable offence, the nature of the crime not so serious. While, in non-compoundable offence, the nature of the crime is serious.
3. Compoundable: In a compoundable offence, the offence is compoundable with or without the court’s permission. While in non-compoundable offence, the offence cannot be compounded. It’s only quashed.
4. Affected parties: In a compoundable offence, impacts only private person. While in non-compoundable offence, affects both private persons as well as the society at large.
5. Filing of case: In a compoundable offence, the case is generally filed by a private person. While in non-compoundable offence, the case generally filed by the state.