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.