GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) When the special leave petition in Gian Singh v. State of Punjab and another came up for hearing, a two-Judge Bench (Markandey Katju and Gyan Sudha Misra, JJ. ) doubted the correctness of the decisions of this Court in B. S. Joshi and others v. State of Haryana and another, 2003 4 SCC 675 Nikhil Merchant v. Central Bureau of Investigation and another, 2008 9 SCC 677 and Manoj Sharma v. State and others, 2008 16 SCC 1 and referred the matter to a larger Bench. The reference order reads as follows:

(2.) This is how these matters have come up for consideration before us.

(3.) Two provisions of the Code of Criminal Procedure, 1973 (for short, 'Code') which are vital for consideration of the issue referred to the larger Bench are Sections 320 and 482. Section 320 of the Code provides for compounding of certain offences punishable under the Indian Penal Code, 1860 (for short, 'IPC'). It reads as follows: