Code of Criminal Procedure
CrPC 320 is now BNSS 359.
Compounding of offences · The NCRB table marks it as changed. Compare the wording below.
Modified
73% of the old wording kept
Old · CrPC 1973 · Ch. XXIV
s. 320
Compounding of offences
(1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) 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:— 1[TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable 1 2 3 Uttering words, etc., with deliberate 298 The person whose religious feelings intent to wound the religious are intended to be wounded. feelings of any person. Voluntarily causing hurt. 323 The person to whom the hurt is caused. Voluntarily causing hurt on 334 Ditto. provocation. Voluntarily causing grievous hurt 335 The person to whom the hurt is on grave and sudden provocation. caused. Wrongfully restraining or confining 341, The person restrained or confined. any person. 342 Wrongfully confining a person for 343 The person confined. three days or more Wrongfully confining a person for 344 Ditto. ten days or more. Wrongfully confining a person in 346 The person confined. secret. Assault or use of criminal force. 352, The person assaulted or to whom 355, criminal force is used. 358 Theft. 379 The owner of the property stolen. Dishonest misappropriation of 403 The owner of the property property. misappropriated. Criminal breach of trust by a carrier, 407 The owner of the property in respect wharfinger, etc. of which the breach of trust has been committed. Dishonestly receiving stolen 411 The owner of the property stolen. property knowing it to be stolen. 1 2 3 Assisting in the concealment or 414 Ditto. disposal of stolen property, knowing it to be stolen. Cheating. 417 The person cheated. Cheating by personation. Ditto. Fraudulent removal or concealment The creditors who are affected of property, etc., to prevent thereby. distribution among creditors. Fraudulently preventing from being 422 Ditto. made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of 423 The person affected thereby. transfer containing false statement of consideration. Fraudulent removal or concealment 424 Ditto. of property. Mischief, when the only loss or 426, The person to whom the loss or damage caused is loss or damage to 427 damage is caused. a private person. Mischief by killing or maiming 428 The owner of the animal. animal. Mischief by killing or maiming 429 The owner of the cattle or animal. cattle, etc. Mischief by injury to works of 430 The person to whom the loss or irrigation by wrongfully diverting damage is caused. water when the only loss or damage caused is loss or damage to private person. 1 2 3 Criminal trespass. 447 The person in possession of the property trespassed upon. House-trespass. 448 Ditto. House-trespass to commit an 451 The person in possession of the offence (other than theft) punishable house trespassed upon. with imprisonment. Using a false trade or property 482 The person to whom loss or injury is mark. caused by such use. Counterfeiting a trade or property 483 Ditto. mark used by another. Knowingly selling, or exposing or 486 Ditto. possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. Criminal breach of contract of The person with whom the offender service. has contracted. Adultery. 497 The husband of the woman. Enticing or taking away or detaining 498 The husband of the woman and the with criminal intent a married woman woman. Defamation, except such cases as 500 The person defamed. are specified against section 500 of the Indian Penal Code (45 of 1860) in column 1 of the Table under sub-section (2). Printing or engraving matter, 501 Ditto. knowing it to be defamatory. Sale of printed or engraved 502 Ditto. substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach 504 The person insulted. of the peace. Criminal intimidation. 506 The person intimidated. Inducing person to believe himself 508 The person induced.] an object of divine displeasure.
(2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) 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:— 1[TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable 1 2 3 Causing miscarriage. 312 The woman to whom miscarriage is caused . Voluntarily causing grievous hurt. 325 The person to whom hurt is caused. Causing hurt by doing an act so 337 Ditto. rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an Ditto. act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempt- 357 The person assaulted or to whom ting wrongfully to confine a person. the force was used. Theft, by clerk or servant of 381 The owner of the property stolen. property in possession of master. Criminal breach of trust 406 The owner of property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk 408 The owner of the property in respect or servant. of which the breach of trust has been committed. Cheating a person whose interest 418 The person cheated. the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing 420 The person cheated. delivery of property or the making, alteration or destruction of a valuable security. Marrying again during the life-time 494 The husband or wife of the person so marrying. of a husband or wife. 1 2 3 Defamation against the President or the 500 The person defamed. Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the Public Prosecutor. Uttering words or sounds or making 509 The woman whom it was intended to gestures or exhibiting any object insult or whose privacy was intruded intending to insult the modesty of a upon.] woman or intruding upon the privacy of a woman.
1[(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 section 34 or 149 of the Indian Penal Code (45 of 1860) may be compounded in like manner.]
(4) (a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, 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 (5 of 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 401 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.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXVI
s. 359
Compounding of offences.
(1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 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 Nyaya Sanhita, 2023 applicable | Person by whom offencemay be compounded
1 | 2 | 3
Enticing or taking away or detaining with criminal intent a married woman.Voluntarily causing hurt. | 84 | The husband of the woman and the woman.
Voluntarily causing hurt. | 115(2) | The person to whom the hurt is caused
Voluntarily causing hurt on provocation. | 122(1) | The person to whom the hurt is caused.
Voluntarily causing grievous hurt on grave and sudden provocation. | 122(2) | The person to whom the hurt is caused.
Wrongfully restraining or confining any person. | 126(2), 127(2) | The person restrained or confined.
Wrongfully confining a person for three days or more. | 127(3) | The person confined.
Wrongfully confining a person for ten days or more. | 127(4) | The person confined.
Wrongfully confining a person in secret. | 127(6) | The person confined.
Assault or use of criminal force. | 131,133,136 | The person assaulted or to whom criminal force is used.
Uttering words, etc., with deliberate intent to wound the religious feelings of any person. | 302 | The person whose religious feelings are intended to be wounded.
Theft. | 303(2) | The owner of the property stolen.
Dishonest misappropriation of property. | 314 | The owner of the property misappropriated.
Criminal breach of trust by a carrier, wharfinger, etc. | 316(3) | The owner of the property in respect of which the breach of trust has been committed.
Dishonestly receiving stolen property knowing it to be stolen. | 317(2) | The owner of the property stolen.
Assisting in the concealment or disposal of stolen property, knowing it to be stolen. | 317(5) | The owner of the property stolen.
Cheating. | 318(2) | The person cheated.
Cheating by personation. | 319(2) | The person cheated.
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors.. | 320 | The creditors who are affected thereby.
Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. | 321 | The creditors who are affected thereby.
Fraudulent execution of deed of transfer containing false statement of consideration. | 322 | The person affected thereby.
Fraudulent removal or concealment of property. | 323 | The person affected thereby.
Mischief, when the only loss or damage caused is loss or damage to a private person.. | 324(2), 324(4) | The person to whom the loss or damage is caused.
Mischief by killing or maiming animal. . | 325 | The owner of the animal.
Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person. | 326(a) | The person to whom the loss or damage is caused.
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 an offence (other than theft) punishable with imprisonment. | 332(c) | The person in possession of the house trespassed upon.
Using a false trade or property mark. | 345(3) | The person to whom loss or injury is caused by such use.
Counterfeiting a property mark used by another. | 347(1) | The person to whom loss or injury is caused by such use.
Selling goods marked with a counterfeit property mark. | 349 | The person to whom loss or injury is caused by such use.
Criminal intimidation. | 351(2), 351(3) | The person intimidated.
Insult intended to provoke a breach of peace. | 352 | The person insulted.
Inducing person to believe himself an object of divine displeasure. | 354 | The person induced.
Defamation, except such cases as are specified against section 356(2) of the Bharatiya Nyaya Sanhita, 2023, (45 of 2023) column 1 of the Table under sub-section (2). | 356(2) | The person defamed.
Printing or engraving matter, knowing it to be defamatory. | 356(3) | The person defamed.
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. | 356(4) | The person defamed.
Criminal breach of contract of service. | 357 | The person with whom the offender has contracted.
(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 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 Nyaya Sanhita, applicable | Person by whom offencemay be compounded
1 | 2 | 3
Word, gesture or act intended to insult the modesty of a woman. | 79 | The woman whom it was intended to insult or whose privacy was intruded upon.
Marrying again during the life-time of a husband or wife. | 82(1) | The husband or wife of the person so marrying.
Causing miscarriage. | 88 | The woman to whom miscarriage is caused.
Voluntarily causing grievous hurt. | 117(2) | The person to whom hurt is caused.
Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 125(a) | The person to whom hurt is caused.
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 125(b) | The person to whom hurt is caused.
Assault or criminal force in attempting wrongfully to confine a person. | 135 | The person assaulted or to whom the force was used.
Theft, by clerk or servant of property in possession of master. | 306 | The owner of the property stolen.
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 a clerk or servant. | 316(4) | The owner of the property in respect of which the breach of trust has been committed.
Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. | 318(3) | The person cheated.
Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. | 318(4) | The person cheated.
Defamation against the 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. | 356(2) | The person defamed.
(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 (45 of 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 (5 of 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.
Text from India Code