Sunday 22 August 2021

Supreme court: Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence

 However, Section 320 provides for the compounding of offences only under the IPC. Hence, in respect of offences which lie outside the IPC, compounding may be permitted only if the statute which creates the offence contains an express provision for compounding before such an offence can be made compoundable. The power of compounding must, in other words, be expressly conferred by the statute which creates the offence. {Para 60}

Supreme Court of India
Prakash Gupta vs Securities And Exchange Board Of ... on 23 July, 2021
Author: Hon'Ble Dr. Chandrachud
Bench: Hon'Ble Dr. Chandrachud, M.R. Shah
Read full Judgment here: Click here

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