GIAN SINGH versus STATE OF PUNJAB & ANR

GIAN SINGH versus STATE OF PUNJAB & ANR

Offences punishable under Section 120B IPC are non-compoundable; court lacks power to permit compounding. Previous decisions permitting indirect compounding require reconsideration by a larger Bench.

Parties
Petitioner: Gian Singh; Respondent: State of Punjab; Respondent: Anr
Jurisdiction
India
Judgment Date
23 November 2010
Procedural Posture
SLP (criminal) / Order on Reference to Larger Bench
Outcome
Matter referred to larger Bench for reconsideration of previous rulings.
Legal Topics
Compounding of Offences, Code of Criminal Procedure Section 320, Indian Penal Code Sections 420 and 120 B, Judicial Restraint
Criminal Law Compounding of Offences Code of Criminal Procedure Section 320 Indian Penal Code Sections 420 and 120 B Judicial Restraint

Case Brief

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Parties

Gian Singh

Petitioner

State of Punjab

Respondent

Anr

Respondent

Procedural Posture

SLP (criminal) / Order on Reference to Larger Bench

Legal Issues

  1. 1 Whether offences punishable under Section 120B IPC may be compounded in light of Code of Criminal Procedure Section 320
  2. 2 Whether previous Supreme Court decisions permitting indirect compounding of non-compoundable offences were correctly decided

Ratio Decidendi

Offences punishable under Section 120B IPC are non-compoundable; court lacks power to permit compounding. Previous decisions permitting indirect compounding require reconsideration by a larger Bench.

Court Disposition

Matter referred to larger Bench for reconsideration of previous rulings.

Orders

  • Let the papers of this case be placed before Hon’ble Chief Justice of India for constituting a larger Bench.
  • Matter referred to larger Bench.