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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Threats and Cyber Laws

Meera is accused of an IT Act offence punishable with imprisonment up to three years. She has no previous conviction and the offence does not affect the country's socio-economic conditions. The victim is a 17-year-old student. She applies to compound the offence. What is the position under section 77A?

The court cannot compound the offence. Section 77A permits compounding of offences not exceeding three years' imprisonment, but expressly forbids it where the offence is committed against a child below 18 years or a woman, or affects socio-economic conditions. The victim's age therefore defeats the application.

  1. AThe court may compound it, since the term does not exceed three years
  2. BThe court may compound it only if the victim consents in writing
  3. CThe court cannot compound it because it was committed against a child below 18 yearsCorrect
  4. DThe court cannot compound it because all IT Act offences are non-compoundable

Explanation

Section 77A allows compounding of offences not punishable with life or more than three years, but its second proviso bars compounding where the offence is committed against a child below 18 years or a woman. The term and clean record satisfy other conditions, yet the victim's age bars compounding.

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