LEGALITIES OF COMPOUNDABLE OFFENCES AND NON-COGNIZABLE OFFENCES

LEGALITIES OF COMPOUNDABLE OFFENCES AND NON-COGNIZABLE OFFENCES

Compoundable offences are those that can be settled between the accused and the victim without a trial or court intervention.

 For some compoundable offences, permission from the court is required to compound the case, while for others, no such permission is needed. These generally include less serious offences like hurt, assault, defamation and others. 

 More serious offences like rape, murder, or dacoity, are non-compoundable. 

The Code of Criminal Procedure, 1973, through Section 320, provides a detailed list of compoundable offences.

This section categorises them into those that can be compounded with or without the court's permission. The ides is to provide a way to resolve minor legal disputes without burdening the court system.

A non-cognizable offence under the IPC refers to a category of crimes that are considered less serious and for which a police officer cannot arrest an accused without a warrant. Non-cognizable offences include like defamation, simple hurt, or causing simple nuisance. 

For any investigation or legal action in non-cognizable offences, police need the court's authorisation.

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PART- PAYMENT OF CHEQUE AMOUNT- 138 NI MATTER NOT MAINTAINABLE

PART- PAYMENT OF CHEQUE AMOUNT- 138 NI MATTER NOT MAINTAINABLE 

When part payment is made after the cheque is drawn, the payee has the option of either taking a new cheque for the reduced amount or by making an endorsement on the cheque acknowledging that a part payment was made.

Thus, when a part- payment of the debt is made after the cheque was drawn but before the cheque is encashed, such payment must be endorsed on the cheque under Section 56 of the Act. 

The cheque cannot be presented for encashment without recording the part payment. 

If the unendorsed cheque is dishonoured on presentation, the offence under Section 138 would not be attracted since the cheque does not represent a legally enforceable debt at the time of encashment.

    (Shyam Panchmukh is Advocate, Activist  

     & Writer in Mumbai. Queries may be     

     WhatsApp Msg @8080751998)

MUMBAI COURTS - COURT FEES CHART

MUMBAI CIVIL COURTS - COURT FEES CHART

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Adv. Shyam Panchmukh 

Bombay High Court 

Mob/WhatsApp-8080751998

No Marriage Ceremonies- No Valid Marriage

The Hon'ble Supreme Court in the above case held that the Section 7 of the Hindu Marriage Act, 1955 speaks about ceremonies of a Hindu Marriage.

For a Valid Marriage, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony. 

Unless the parties have undergone ceremony, there would be no Hindu Marriage according to Section 7 of the said Act 

Mere a marriage certificate would neither confirm any marital status nor establish a marriage under Hindu Law.