The court held that in respect of offences which lie outside the Indian Penal Code, 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.
MANU/SC/0469/2021
Compounding of Offences, Labour Law
None
Prakash Gupta vs. Securities and Exchange Board of India (23.07.2021 - SC)
The court held that in respect of offences which lie outside the Indian Penal Code, 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.
Prakash Gupta vs. Securities and Exchange Board of India (23.07.2021 - SC)
The court held that in respect of offences which lie outside the Indian Penal Code, 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.