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    Question

    Which of the following statement in respect of section

    320 of the Code of Criminal Procedure, 1973, is not correct?
    A The composition of an offence before charge shall have the effect of discharge of the accused. Correct Answer Incorrect Answer
    B No offence shall be compounded if the accused is, by reason of a previous conviction, liable to enhanced punishment. Correct Answer Incorrect Answer
    C When an appeal is pending, no composition for the offence shall be allowed without the leave of the appellate court. Correct Answer Incorrect Answer
    D The person competent to compound an offence is dead, the legal representative of such person may, with the consent of the court, compound such offence. Correct Answer Incorrect Answer

    Solution

    Option 1 is wrong as the composition causes the effect of acquittal Section 320 – Compounding of Offences (4) (a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the permission of the Court, compound such offence. (b) 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. (5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) A High Court or Court of Session acting in the exercise of its powers of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section. (7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. (8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

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