Which one of the following offences under the Indian Penal Code, 1860, is not compoundable by the parties in terms of Section 320(1) of the Code of Criminal Procedure, 1973 ?
[amp_mcq option1=”Voluntarily causing grievous hurt on grave and sudden provocation” option2=”Adultery” option3=”Cheating” option4=”Voluntarily causing grievous hurt and miscarriage” correct=”option4″]
This question was previously asked in
UPSC CISF-AC-EXE – 2018
– Voluntarily causing grievous hurt (e.g., Section 325 IPC) is compoundable *with* the permission of the Court under Section 320(2).
– Causing miscarriage (e.g., Section 312 IPC) is compoundable *with* the permission of the Court under Section 320(2). More severe forms of causing miscarriage (Sections 313, 314, 315, 316 IPC) are not compoundable at all. Similarly, grievous hurt caused by dangerous weapons (Section 326 IPC) is not compoundable.
– An offence involving both voluntarily causing grievous hurt and miscarriage is a severe offence. While some less severe forms might be compoundable with court permission (falling under 320(2)), the combination or more severe forms would likely be entirely non-compoundable. An offence that is non-compoundable or compoundable only under Section 320(2) is *not* compoundable in terms of Section 320(1).
– Option C, Cheating (specifically Section 417 IPC), is listed under Section 320(1) as compoundable *without* the permission of the Court. Therefore, Option C *is* compoundable under Section 320(1).
– Options A and B are compoundable, but only under Section 320(2), not 320(1). Option D represents a combination of offences, where at least one component is in 320(2), and potentially other components (depending on severity) are non-compoundable altogether. Thus, D is definitely *not* compoundable under Section 320(1). Given that only one option can be correct and C is compoundable under 320(1), A, B, and D are candidates for being not compoundable under 320(1). D is the most likely intended answer as it can easily encompass non-compoundable sections altogether, making it unambiguously *not* compoundable under 320(1) or 320(2).
– S. 320(2) lists more severe offences like grievous hurt, adultery, criminal breach of trust by clerk/servant, etc., which require court permission for compounding.
– Offences not listed in S. 320 are not compoundable.