Recently, National Crime Report Bureau (NCRB) issued its annual report on crimes in India. It also had crime rates against women in general. It gives the nature and extent of the criminal justice system in India. Indian criminal justice system has its own advantages and disadvantages. The court of law comes to a conclusion based on the facts and circumstances, and in some cases, the basis for coming to a conclusion could be the usage of justice, equity and good conscience. Conferring a punishment under a penal provision of the laws is the maximum mode of remedy that a court could do in most criminal cases. Do we know that, in India, apart from the criminal remedies or in other words, one of the criminal remedies for any offence is the compounding of such offences? This article will look into the concept of compounding in India under CrPC and especially the extent of the scope of the compounding that takes place in rape cases.

Compounding of Offences:

Before looking into the compounding in the rape cases, it becomes very important for us to have a clear understanding of what compounding of offences in general. Let us refer to the definition of compounding of offences as per Black’s law dictionary. It reads as follows,

“The offence committed by a person who, having been directly injured by a felony, agrees with the criminal that he will not prosecute him, on condition of the latter’s making reparation, or on receipt of a reward or bribe not to prosecute”.

It defines compounding a felony means the offender and the person who has been directly affected or injured by the felony shall go into an agreement, where the victim shall agree not to prosecute him on any of the conditions made by the criminal that the latter will make reparation, or shall make a reward on receipt or would give a bribe not to prosecute him or her. In other words, they both come to a conclusion where both are benefitted without any cost.

Section 320 of the Criminal Procedure code, 1973 deals with the compounding of offences in the Indian Criminal justice system. It classifies this into two, that is, compoundable and non-compoundable crimes. The offences are compoundable when the same comes under the third column of the tables provided under subsections of section 320 of Code of criminal procedure, 1973. Subsection 2 of the section deals with what are non-compoundable offences. It also specifies that these offences are made compoundable or allowed for compromise only after receiving permission from the side of the court of law.

Compounding in Rape cases:

If it comes to rape, the question of whether the compounding can be availed for these serious offences shall be entertained or not arises. Even the socio-legal perspectives should also be taken into consideration while allowing the same. Looking from the societal perspective, in India, there has been a conservative approach in the application of this compounding concept, but this is not only the reason for adopting such an approach. The court and the family will consider or foresee the nature and scope that is available to the victim if brought under the compromise. Constitutional rights under articles 21 and 14 are also involved if we look from the side of legal perspective.

In order to find the status and nature of the compounding of rape cases in India, let us refer to some of the cases and the reasoning from the side of the judiciary while coming to such circumstantial decisions.

It is really important to understand that the compromises that a person enters into with the criminal should ensure that there is no force or coercion while doing so. This is specific to the rape cases, where the family or even the officers of investigation shall force these victims to have a compromise in the way of monetary terms or even to marry the criminal itself. One of such instances was observed in the case of Vijay Sood v. State of Himachal Pradesh, where there was pressure and coercion that took place in order to enter for compromise on the victim and her family by the officers in the investigation. This led one of the family members of the victim to commit suicide.

Recently, in March 2021, in the case of Maruthupandi v. State of Tamil Nadu, the Supreme Court of India has observed that any sexual offences committed by an adult to any victim who is less than 18 years of age, that is the offences under POCSO, then such an adult person should be punished and not be allowed for any compounding of the offences. Court looked into the seriousness of the case and directed the state government to take action accordingly.

But, if we see all the cases that have been decided on this compounding so far, there are many discrepancies as well. This fact has been reported in many articles and analyses by many scholars and criminal justice lawyers as well. In one of Madhya Pradesh High court cases, the court observed that compounding should not be done in sexual offences. But, we have been witnessing various compounding taking place in rape cases as well. This is the reason for the improper status on compounding in rape and other sexual offences.

Conclusion:

On the one hand, if we see this as a remedy by some of the judicial officers, there are many who oppose the same. The most opposition on compounding in rape cases is based on the ground that it violates the freedom and liberty of the victim, which are conferred by the Constitution of India. So, since the life of the victim is also involved in cases like above, it becomes very sensitive and more important as part of the life of that victim. There should be a balance and reforms while dealing with the same, especially in a conservative society like India.