GIAN SINGH vs STATE OF PUNJAB & ANR

The Supreme Court, while hearing Gian Singh v. State of Punjab, referred the matter to a larger bench due to doubts regarding the correctness of prior decisions allowing compounding of non-compoundable offences under Section 120B IPC. The Court emphasized that while Section 420 IPC is compoundable with permission, Section 120B is not, and thus cannot be compounded. The Court held that judicial restraint must be maintained and that the legislature alone can amend Section 320 of the Cr.P.C., establishing that non-compoundable offences cannot be permitted to be compounded, directly or indirectly.