Is IPC Section 354 compoundable or non compoundable?

558 votes

Section 354 of the Indian Penal Code, 1860 (IPC) deals with the offence of assault or criminal force on a woman with the intent to outrage her modesty. This section criminalizes any act of physical force, assault, or violence against a woman with the intent of violating her modesty or causing outrage. This can include acts such as groping, molestation, or any other form of unwelcome physical contact or advances towards a woman.

The question, whether Section 354 IPC is compoundable or not has been answered time and again by the judiciary in the affirmative. Although the offence under Section 354 of the IPC is compoundable, it can only be done with the prior permission of the court before which the prosecution for such offence is pending, as per Section 320 of the Code of Criminal Procedure, 1973. The victim-woman who was subject to an assault or criminal force may apply to the court for permission to compound the offence, and the court may allow the offence to be compounded after considering various factors such as the nature of the offence, the consent of the victim, and the interest of society. It is important to note that this provision applies only to the victim-woman and not to any other person who may be affected by the offence.

Further, upon a compromise being arrived at between the parties, the offender/accused may even instead approach a court seeking quashing of the FIR/charge-sheet/criminal proceedings on the basis of such compromise under Section 482 of the Code of Criminal Procedure, 1973. The court, upon satisfying itself on the factum of such compromise, is empowered to quash such FIR/charge-sheet/criminal proceedings to secure the ends of justice.

Advocate Sudershani Ray LawRato

998 votes

Yes, except in offence of grave nature like rape, murder, dacoity etc, even the non-compoundable case can also be quashed on mutual consent of the parties.
However the case u/s 307 IPC can not be quashed even if the complainant gives consent in high court.

LawRato LawRato

918 votes

Yes it may be compoundable . If after the completion of the investigation the Police officer submitted the charge sheet and the LD. Court fix for the date of evidence then it should be moved by the ld. Advocate for the amicable settlement . And after that by the order of the ld.court it may be settled mutually. But the victim girl should take up the allegation as well.

Advocate Tanchan LawRato

789 votes

MY OPINION THAT if have definite case to move at high court ,if or if not it is fully depends upon the merit basis , high court can quash the proceedings is the Hon'ble court can satisfy on the factual aspect as well as legal aspect.

Advocate Ranabir Banerjee LawRato

983 votes

Offence under section 354 IPC is not copmoudable now after amendment of 2009 and hence their is less chance to get any benefit from lower court on the basis of compromise
And also, it is not certain that high court will discharge the case on quashing on the basis of compromise. It will depend on the satisfaction of LD judge about condition of compromise between parties.
Far better than quashing, complainant and concerned witnesses have to change their statement in the trial court during the trial of the case.

LawRato LawRato

78 votes

Is IPC section 354 a compoundable offense? IPC Section 354, which is not compoundable, means that even if the victim wants to, they cannot withdraw their case against the accused. The trial will take place and the court will decide whether or not the accused is guilty.

Advocate Chikirsha Mohanty LawRato