Under Section 320(1), Cr.P.C for criminal intimidation, with section of IPC is applicable
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- 503
- 504
- 505
- 506
The Correct Option is D
Solution and Explanation
Step 1: Understanding the Concept:
The question asks which section of the IPC related to criminal intimidation is listed as a compoundable offence under Section 320(1) of the Code of Criminal Procedure (CrPC). Compoundable offences are those where the victim can enter into a compromise with the accused and have the charges dropped.
Step 2: Key Legal Provision:
Section 320 of the CrPC provides a list of offences from the IPC that are compoundable. We need to check this list for the offence of criminal intimidation. The definition of criminal intimidation is in Section 503 of the IPC, and its punishment is in Section 506.
Step 3: Detailed Explanation:
Let's analyze the IPC sections first:
- Section 503 IPC: Defines "Criminal intimidation."
- Section 504 IPC: Deals with "Intentional insult with intent to provoke breach of the peace."
- Section 505 IPC: Deals with "Statements conducing to public mischief."
- Section 506 IPC: Prescribes the "Punishment for criminal intimidation."
Now, let's look at the table in Section 320(1) of CrPC. It lists offences that can be compounded without the court's permission. The table includes:
"Criminal intimidation" punishable under Section 506 of the IPC. Specifically, the first part of Section 506 (simple criminal intimidation) is compoundable by the person intimidated. The second part (when the threat is to cause death or grievous hurt, etc.) is non-compoundable.
Since the question refers to Section 320(1) and asks for the applicable IPC section for criminal intimidation, the correct answer is the section that punishes the crime and is listed as compoundable, which is Section 506.
Step 4: Final Answer:
The offence of criminal intimidation, punishable under Section 506 IPC, is listed as a compoundable offence under Section 320(1) of the CrPC.
Top Questions on Criminal Procedure
Having heard the learned Counsels for the parties, and on perusal of the ma terial on record, the primary issue which arises for consideration of this Court is ”whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?” [...] A careful consideration of the statutory provisions and the aforesaid decisions of this Court clarify the now-well settled position of jurisprudence of Section 362 of CrPC which when summarized would be that the criminal courts, as envisaged under the CrPC, are barred from altering or reviewing in their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable. Despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar. It also stands clarified that it is only in situations wherein an application for recall of an order or judgment seeking a procedural review that the bar would not apply and not a substantive review where the bar as contained in Section 362 CrPC is attracted. Numerous decisions of this Court have also elaborated that the bar under said provision is to be applied stricto sensu.
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