Section 77A of ITA, 2000 : Section 77A: Compounding Of Offences

Explanation using Example

Let's consider a hypothetical scenario where Mr. A is a software developer who has been accused of hacking into a company's database, which is a crime under the Information Technology Act. The maximum punishment for this offence is less than three years. As per Section 77A, the court, being the competent jurisdiction, has the authority to compound this offence, meaning they can settle the matter out of court if both parties agree.

However, if Mr. A had a previous conviction for a similar offence, the court would not be able to compound his offence as he would be liable for enhanced punishment or different kind of punishment due to his previous conviction.

Furthermore, if Mr. A's hacking activity had a negative impact on the socio-economic conditions of the country, or was committed against a child under the age of 18 or a woman, the court would not be able to compound the offence.

Mr. A has the option to file an application for compounding in the court where his offence is pending for trial, and the provisions of sections 265B and 265C of the Code of Criminal Procedure, 1973 will apply.