VidhiSangh

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 359: Compounding of offences

Chapter XXVI — General Provisions as to Inquiries and Trials

359. (1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table:—

TABLE Offence

Section of the Bharatiya

Person by whom offence Nyaya Sanhita, 2023 applicable may be compounded 1

2

3 Enticing or taking away or

84

The husband of the woman detaining with criminal

and the woman. intent a married woman.

Sec. 1]

THE GAZETTE OF INDIA

EXTRAORDINARY

109

109

1

2

3

Voluntarily causing hurt.

115(2)

The person to whom the hurt

is caused.

Voluntarily causing hurt on

122(1)

The person to whom the hurt

provocation.

is caused.

Voluntarily causing grievous

122(2)

The person to whom the hurt

hurt on grave and sudden

is caused.

provocation.

Wrongfully restraining or

126(2), 127(2)

The person restrained or

confining any person.

confined.

Wrongfully confining a

127(3)

The person confined.

person for three days or

more.

Wrongfully confining a

127(4)

The person confined.

person for ten days or more.

Wrongfully confining a

127(6)

The person confined.

person in secret.

Assault or use of criminal

131, 133,136

The person assaulted or to

force.

whom criminal force is used.

Uttering words, etc., with

302

The person whose religious

deliberate intent to wound

feelings are intended to be

the religious feelings of

wounded.

any person.

Theft.

303(2)

The owner of the property

stolen.

Dishonest misappropriation

314

The owner of the property

of property.

misappropriated.

Criminal breach of trust by

316(3)

The owner of the property in

a carrier, wharfinger, etc.

respect of which the breach

of trust has been committed.

Dishonestly receiving stolen

317(2)

The owner of the property

property knowing it to be

stolen.

stolen.

Assisting in the concealment

317(5)

The owner of the property

or disposal of stolen property,

stolen.

knowing it to be stolen.

Cheating.

318(2)

The person cheated.

Cheating by personation.

319(2)

The person cheated.

Fraudulent removal or

320

The creditors who are

concealment of property,

affected thereby.

etc., to prevent distribution

among creditors.

Fraudulently preventing

321

The creditors who are

from being made available

affected thereby.

for his creditors a debt or

demand due to the offender.

Fraudulent execution of

322

The person affected thereby.

deed of transfer containing

false statement of

consideration.

110

THE GAZETTE OF INDIA

EXTRAORDINARY

[Part II—

110

1

2

3

Fraudulent removal or

323

The person affected thereby.

concealment of property.

Mischief, when the only

324(2), 324(4)

The person to whom the loss

loss or damage caused is

or damage is caused.

loss or damage to a private

person.

Mischief by killing or

325

The owner of the animal.

maiming animal.

Mischief by injury to

326(a)

The person to whom the loss

works of irrigation by

or damage is caused.

wrongfully diverting

water when the only

loss or damage caused

is loss or damage to

private person.

Criminal trespass.

329(3)

The person in possession of

the property trespassed upon.

House-trespass.

329(4)

The person in possession of

the property trespassed upon.

House-trespass to commit

332(c)

The person in possession of

an offence (other than theft)

the house trespassed upon.

punishable with imprisonment.

Using a false trade or property mark. 345(3)

The person to whom loss or

injury is caused by such use.

Counterfeiting a property

347(1)

The person to whom loss or

mark used by another.

injury is caused by such use.

Selling goods marked with

349

The person to whom loss or

a counterfeit property mark.

injury is caused by such use.

Criminal intimidation.

351(2), 351(3)

The person intimidated.

Insult intended to provoke

352

The person insulted.

a breach of peace.

Inducing person to believe

354

The person induced.

himself an object of divine

displeasure.

Defamation, except such

356(2)

The person defamed.

cases as are specified against

section 356(2) of the

Bharatiya Nyaya Sanhita, 2023,

column 1 of the Table under

sub-section (2).

Printing or engraving matter,

356(3)

The person defamed.

knowing it to be defamatory.

Sale of printed or engraved

356(4)

The person defamed.

substance containing

defamatory matter, knowing

it to contain such matter.

Criminal breach of contract

357

The person with whom the

of service.

offender has contracted.

(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table:—

Table Offence

Section of the Bharatiya

Person by whom offence

Nyaya Sanhita applicable

may be compounded 1

2

3 Word, gesture or act

79

The woman whom it was intended to insult the

intended to insult or whose modesty of a woman.

privacy was intruded upon. Marrying again during the

82(1)

The husband or wife of the life-time of a husband or wife.

person so marrying. Causing miscarriage.

88

The woman to whom

miscarriage is caused. Voluntarily causing grievous

117(2)

The person to whom hurt is hurt.

caused. Causing hurt by doing an

125(a)

The person to whom hurt is act so rashly and negligently

caused. as to endanger human life or the personal safety of others. Causing grievous hurt by

125(b)

The person to whom hurt is doing an act so rashly and

caused. negligently as to endanger human life or the personal safety of others. Assault or criminal force in

135

The person assaulted or to attempting wrongfully to

whom the force was used. confine a person. Theft, by clerk or servant

306

The owner of the property of property in possession

stolen. of master. Criminal breach of trust.

316(2)

The owner of the property in

respect of which breach of

trust has been committed. Criminal breach of trust by

316(4)

The owner of the property in a clerk or servant.

respect of which the breach

of trust has been committed. Cheating a person whose

318(3)

The person cheated. interest the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly

318(4)

The person cheated. inducing delivery of property or the making, alteration or destruction of a valuable security. Defamation against the

356(2)

The person defamed. President or the Vice-President or the Governor of the State or the Administrator of the Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the public prosecutor.

(3) When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under sub-section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023, may be compounded in like manner.

(4) (a) When the person who would otherwise be competent to compound an offence under this section is a child or of unsound mind, any person competent to contract on his behalf may, with the permission of the Court, compound such offence;

(b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 of such person may, with the consent of the Court, compound such offence.

(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.

(6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442 may allow any person to compound any offence which such person is competent to compound under this section.

(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.

(8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

(9) No offence shall be compounded except as provided by this section.

Old law equivalent

Code of Criminal Procedure, 1973 (CrPC), section 320 — Compounding of offences.

Source: official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Ministry of Home Affairs).