A robbery victim agrees not to prosecute the offender if the offender pays ₹8,000. The offender then refuses to pay. Can the victim recover ₹8,000 by suing on that agreement?
Question and options
A robbery victim agrees not to prosecute the offender if the offender pays ₹8,000. The offender then refuses to pay. Can the victim recover ₹8,000 by suing on that agreement?
Yes, if the agreement was made before any FIR was registered
Yes, as forgoing the prosecution is good consideration for the promise
No, as an agreement to stifle a prosecution for robbery is void
Yes, as robbery may be compounded by the victim under the BNSS
Answer and explanation
Robbery under Section 309 of the Bharatiya Nyaya Sanhita, 2023 is not among the compoundable offences listed in Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. An agreement to stifle its prosecution has an object opposed to public policy, so it is void under Section 23 of the Indian Contract Act, 1872, whenever it is made. Forgoing the prosecution cannot be lawful consideration for the same reason.
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