Tuesday, 31 July 2012

guardian or legal heir of victim can compound offence under section 320 of crpc

Whether guardian or legal heir of victim can compound the offence under   section 320 ? If yes, in what circumstances?
Ans :-  As per section 320 of Cr.P.C. subsection 4 (a) when the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years, or is an idiot or lunatic, any person competent to contract on his behalf may with the permission of the court compound such offence.
As per section 320 of Cr.P.C. sub section 4 (b) "When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in C.P.C. of such person may with a consent of court compound such offence.
As per the section guardian or legal heir of victim can compound the offence with a permission of the court.

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