In fact, sub-section (5) of Section 320 of the Criminal Procedure Code, clearly indicates that an offence can be compounded / compromised even after conviction when the appeal is pending, however, it can be done only with the permission of the appellate court:
“(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.”
Of course, it goes without saying that an offence can be compoundable after conviction, while the appeal is pending, ONLY IF such offence is compoundable, under the provisions of sub-sections (1) or (2) of Section 320 of Cr.P.C., or under the provisions of any other law.
In the case of Bhim Singh v. State of U.P., (1974) 4 SCC 97 : 1974 Cri LJ 1285 : AIR 1974 SC 1744, an appeal was pending before the Supreme Court against a conviction for an offence under Section 324 IPC. The Supreme Court allowed the compounding of the offence, observing that the offence under Section 324 of the Indian Penal Code is compoundable with the permission of the Court, and that where the parties have amicably settled the matter, it would be in the fitness of things if permission to compound the offence is granted. Accordingly, the Supreme Court set aside the conviction and acquitted the accused, by allowing the compounding of the offence.
In the case of Biswanath Chakravarty v. Haripada De Dhara, AIR 1959 Cal 443, 1959 Cri LJ 831, Calcutta High Court had held that an appeal being a continuation of the proceedings, an appellate court cannot refuse the compounding of offences under Section 320(1) of Cr.P.C.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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