By: Lavya Bhasin (iii) Set III: Inherent Powers Viewed To Supersede Compounding Powers Due To Not Being Bound By Statutory Limitations To build on judgments from Set II, another set of judgments must be analysed, which not only say that the powers of quashing are different, but also that inherent powers, whether of the Supreme Court (hereinafter “SC”) or High Courts (hereinafter “HCs”); as a … Continue reading Judicial Intervention in Compounding of Non-Compoundable Offences: ‘Inherent’ or ‘Indirect’ Power? (Part 2)

By: Lavya Bhasin INTRODUCTION Section 359 of the Bharatiya Nyaya Suraksha Sanhita (hereinafter “BNSS”) discusses compounding of offences, wherein on one hand, section 359(1) has a table of offences that can be compounded without permission of the court, and section 359(2) has a table of offences that can only be compounded with the permission of the court. On the other hand, section 359(9) states that … Continue reading Judicial Intervention in Compounding of Non-Compoundable Offences: ‘Inherent’ or ‘Indirect’ Power? (Part 1)