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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Crimes and Investigation Procedures

Ravi is accused of an IT Act offence that is compoundable, and the trial is pending before a court. How does he seek compounding under Section 77A?

Ravi must file an application for compounding in the court where the offence is pending for trial. Section 77A(2) gives the accused this right, and the procedure in sections 265B and 265C of the Code of Criminal Procedure, 1973 applies.

  1. ABy applying to the Central Government, which then directs the police to close the case
  2. BBy filing an application for compounding in the court in which the offence is pending for trialCorrect
  3. CBy filing an appeal before the High Court directly
  4. DBy paying the penalty to the complainant without any court application

Explanation

Section 77A(2) provides that the accused may file an application for compounding in the court where the offence is pending for trial, and sections 265B and 265C of the Code of Criminal Procedure, 1973 apply. Compounding is therefore a court process, not an executive or private settlement.

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