A commits an offence of publishing defamatory matter against B and is tried under Section 501 of IPC,1860. B dies during the trial. A wants to compound the offence. Advice.

Question: A commits an offence of publishing defamatory matter against B and is tried under Section 501 of IPC, 1860. B dies during the trial. A wants to compound the offence. Advice. [UPJS 1997]

Find the answer only on Legal Bites. [A commits an offence of publishing defamatory matter against B and is tried under Section 501 of IPC, 1860. B dies during the trial. A wants to compound the offence. Advice.]

Answer

According to Section 320 (1) of the Code of Criminal Procedure, the offence of Defamation, except such cases as are specified against section 500 of the Indian Penal Code in column 1 of the Table under sub-section (2), the offence is compoundable by the person so defamed.

In the present case at hand, because B is no more alive and the offence is a compoundable one, the criminal proceeding against A will be terminated.

In Panchu Swain v. Emperor, AIR 1943 Pat 379 which was a case under Section 323 of the IPC, the Court held that there is nothing in CrPC to warrant the view that there is the abatement of a criminal proceeding on the death of the complainant. Though a case may be started on the complaint of any particular individual and though that case may be compoundable, it is erroneous to compare the case to a civil action where the cause of action is personal to the plaintiff.

The cause of action for a civil suit bears no analogy to an offence, once a criminal case is started, be it upon a complaint or not, the proceedings must be carried on according to the provisions of the CrPC.

However, the case is different when the offence is compoundable and non-cognizable. In Labhu v. Emperor, AIR 1919 Lah 409, it was stated that in a compoundable offence the absence of the complainant on the date of hearing owing to the death of the complainant would terminate the criminal case.

Section 320 (4) (b) of CrPC clearly states that when the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court compound such offence.

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