HIRABHAI JHAVERBHAI v. STATE OF GUJARAT AND ORS. INSC 270

Name of the case: Hirabhai Jhaverbhai v. State of Gujarat & Ors.

Year decided: 2010

Facts: Background to Incident: On 23 July, 1986, Hirabhai Jhaverbhai (the Appellant) and the complainant were involved in a dispute. The argument heated up and they caused injuries upon the complainant by dangerous weapon. It formed an offense within the meaning of Section 324 of the IPC which relates to voluntarily causing hurt by dangerous weapons or means. The trial court convicted Hirabhai Jhaverbhai under Section 324 IPC and sentenced him to: Imprisonment: Six months of simple imprisonment. Fine: ₹250, with an additional 15 days of simple imprisonment in case of default. High Court Appeal: The appellant challenged the Trial Court's conviction in the Gujarat High Court. On September 14, 2006, the High Court upheld the conviction and sentence. Compounding Application: During the pendency of the appeal, the petitioner made an application for permission to compound the offense, that is a legal procedure by which both parties agree to settle the matter amicably. The High Court refused the same on November 9, 2006, by making reliance on the amendments in Code of Criminal Procedure. Legal Change: The CrPC (Amendment) Act of 2005, effective from June 23, 2006, rendered Section 324 IPC non-compoundable (i.e., such offenses could no longer be settled with the complainant’s consent and court permission). Issue: Can an offense under Section 324 IPC, committed in 1986 (when it was compoundable with court permission), be compounded after the 2005 CrPC amendment, which rendered the offense non-compoundable?

Decision: The Supreme Court of India allowed the compounding of the offense and acquitted the appellant.

Majority Decision Reasoning: The Court’s reasoning rested on several key principles:

Nature of Compounding Laws: The offence was committed in 1986, when the Section 324 IPC was compoundable subject to the permission of the court. The amendment brought about in 2005, whereby the Section 324 has been declared non-compoundable does not affect the offenses committed during the period before the amendment was made. Non-Retroactivity of Laws: Amendments in Criminal Procedure are generally not retrospective unless specifically declared by the legislature. In this case, since the 2005 amendment to the CrPC did not prescribe the effect of giving a retrospective operation, the law prevailing at the time of the commission of the offense (1986) was applicable. Consent of the Complainant: Complainant and injured persons had filed affidavits declaring that they had amicably settled the matter and harboured no ill will against the appellant. They also gave consent to the compounding of the offense. Effect of Compounding: The Compounding of the offense under section 320(8) CrPC has the result of acquitting the accused Judicial discretion. While considering the compounding, the Apex Court had discretionary power, taken into consideration for the prolonged period litigation between the parties to amicably settle and fact that the present offense was a minor and was compoundable during the time when it was committed. There was no dissenting opinion in the case. Judgment passed was unanimous. Impact of the case: Clarification on Retroactivity of Procedural Laws: This case restated the rule that amendments to procedural criminal laws, such as changes in compoundability, do not have retrospective effect unless so declared by the legislature. Amicable Settlements: The Court stressed the need to respect amicable settlements between parties, especially in minor offenses, to avoid the burden on courts and to encourage reconciliation. Legal Precedent: The judgment brought about a verdict for similar cases under which the compounding status of an offense was changed on account of legislative amendments. Flexibility of Criminal Justice: Through this judgment, the Court proved that it would be flexible enough to balance rigidity in procedural law with the requirement of justice, fairness, and reconciliation. <ref>INSC 270<ref>