Current Affairs Brain Booster for UPSC & State PCS Examination

Topic: Non-compoundable Crime

Why in News?

• Recently, a Supreme Court bench headed by Chief Justice of India Sharad Arvind Bobde asked the rape accused during the hearing of Mohit Subhash Chavan v. Government of Maharashtra whether he would marry the victim or not?
• Though rape is non-compoundable crime, this incident has led to a furore among the civil society which has questioned the judicial wisdom in handling of such case.

Implications of Supreme Court’s Stance

• The words uttered by the judges of the Supreme Court have great influence in the society. They have the power to extend the constitutional rights of citizens and protect them from the unequal value systems of tribal, caste, and patriarchy.
• In such a case, the Supreme Court's comment, submitting marriage proposals in exchange for the trauma of rape is a highly offensive and regressive consideration for the victim as well as the society as a whole.

Supreme Court’s Past Judgments

• In recent years, in case of rape by some high courts, it has been argued that since there is a compromise between the victim and the offender, the punishment is justified.
• The Madhya Pradesh High Court had changed the sentence given by the Guna Sessions Court under Section 376 (misdemeanor) to Section 354 (molestation). In such a case, the decision given by the Supreme Court in July 2015 in Madhya Pradesh vs Madanlal case is a milestone. The Supreme Court has clearly stated in the rape cases that it cannot compromise the punishment given to the culprit in any way.
• The Supreme Court had given strict comments that many times the courts interfere at the appellate level and suffer such prejudices and write judgments that in particular the soul of the criminal justice system dies.
• It is worth noting that earlier in its decision in Haryana v. Shimbhu case (2014), the Supreme Court had said that in the interest of justice and to protect the victim from unnecessary pressure and harassment, it is necessary that the agreement between the parties should not take place. Be given. Giving judgment in Haryana v. Shimbhu case, the judge clarified that the concept of compromise cannot be thought of under any circumstances in the case of misdemeanor or attempted rape. Rape is not a case that should be left to both sides for reconciliation and compromise.
• In Haryana v. Shimbhu case (2014), the apex court stated that the highest importance is respect for the woman, against whom no compromise or settlement can be reached. Many times an offender attempts to console the victim by marrying them, while the reality is that the victim is indirectly pressurized to do so. Due to such reasons in courts, softness towards the guilty cannot be shown at all. The court said that there is no statutory permission for any kind of liberal attitude or thinking of arbitration.

Criminal and Inevitable Crime

• Section 320 of the Indian Penal Code deals with offenses in which compromise can be done without the permission of the court and there are some cases in which the agreement is with the permission of the court.
• The offenses in which agreement is reached between two parties are called compoundable offences and the offenses which do not reach agreement between the two parties are called Non Compoundable Offences.
• The offenses in which the agreement can be reached without the permission of the court are given in Section 320(1) of CrPC. However, this agreement has to be given to the police. The cases in which the consent of the court can be compromised are given in Section 320(2) of CrPC.