Section 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 Person by whom offence
Sanhita, 2023 applicable may be compounded
1 2 3
Enticing or taking away or 84 The husband of the woman
detaining with criminal intent a and the woman.
married woman.
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 hurt 122(2) The person to whom the hurt
on grave and sudden provocation. is caused.
Wrongfully restraining or 126(2), 127(2) The person restrained or
confining any person. confined.
Wrongfully confining a person for 127(3) The person confined.
three days or more.
Wrongfully confining a person for 127(4) T he person confined.
ten days or more.
Wrongfully confining a person in 127(6) The person confined.
secret.
Assault or use of criminal force. 131,133,136 The person assaulted or to
whom criminal force is used.
Uttering words, etc., with 302 The person whose religious
deliberate intent to wound the feelings are intended to be
religious feelings of any person. wounded.
Theft. 303(2) The owner of the property
stolen.
Dishonest misappropriation of 314 The owner of the property
property. misappropriated.
Criminal breach of trust by a 316(3) The owner of the property in
carrier, wharfinger, etc. respect of which the breach
of trust has been committed.
1 2 3
Dishonestly receiving stolen property knowing it to 317(2) The owner of the property stolen.
be stolen.
Assisting in the concealment or disposal of stolen 317(5) The owner of the property stolen.
property, knowing it to be stolen.
Cheating. 318(2) The person cheated.
Cheating by personation. 319(2) The person cheated.
Fraudulent removal or concealment of property, 320 The creditors who are affected
etc., to prevent distribution among creditors. thereby.
Fraudulently preventing from being made available 321 The creditors who are affected
for his creditors a debt or demand due to the thereby.
offender.
Fraudulent execution of deed of transfer containing 322 The person affected thereby.
false statement of consideration.
Fraudulent removal or concealment of property. 323 The person affected thereby.
Mischief, when the only loss or damage caused is 324(2), 324(4) The person to whom the loss or
loss or damage to a private person. damage is caused.
Mischief by killing or maiming animal. 325 The owner of the animal.
Mischief by injury to works of irrigation by 326(a) The person to whom the loss or
wrongfully diverting water when the only loss or damage is caused.
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 an offence (other than 332(c) The person in possession of the
theft) punishable with imprisonment. 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.
1 2 3
Selling goods marked with a counterfeit property 349 The person to whom loss or injury is
mark. 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 354 The person induced.
divine displeasure.
Defamation, except such cases as are specified 356(2) The person defamed.
against section 356(2) of the Bharatiya Nyaya
Sanhita, 2023, (45 of 2023) column 1 of the Table
under sub-section (2).
Printing or engraving matter, knowing it to be 356(3) The person defamed.
defamatory.
Sale of printed or engraved substance containing 356(4) The person defamed.
defamatory matter, knowing it to contain such
matter.
Criminal breach of contract of service. 357 The person with whom the offender
has contracted.
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 Person by whom offence
Sanhita, 2023 applicable may be compounded
1 2 3
Enticing or taking away or 84 The husband of the woman
detaining with criminal intent a and the woman.
married woman.
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 hurt 122(2) The person to whom the hurt
on grave and sudden provocation. is caused.
Wrongfully restraining or 126(2), 127(2) The person restrained or
confining any person. confined.
Wrongfully confining a person for 127(3) The person confined.
three days or more.
Wrongfully confining a person for 127(4) T he person confined.
ten days or more.
Wrongfully confining a person in 127(6) The person confined.
secret.
Assault or use of criminal force. 131,133,136 The person assaulted or to
whom criminal force is used.
Uttering words, etc., with 302 The person whose religious
deliberate intent to wound the feelings are intended to be
religious feelings of any person. wounded.
Theft. 303(2) The owner of the property
stolen.
Dishonest misappropriation of 314 The owner of the property
property. misappropriated.
Criminal breach of trust by a 316(3) The owner of the property in
carrier, wharfinger, etc. respect of which the breach
of trust has been committed.
1 2 3
Dishonestly receiving stolen property knowing it to 317(2) The owner of the property stolen.
be stolen.
Assisting in the concealment or disposal of stolen 317(5) The owner of the property stolen.
property, knowing it to be stolen.
Cheating. 318(2) The person cheated.
Cheating by personation. 319(2) The person cheated.
Fraudulent removal or concealment of property, 320 The creditors who are affected
etc., to prevent distribution among creditors. thereby.
Fraudulently preventing from being made available 321 The creditors who are affected
for his creditors a debt or demand due to the thereby.
offender.
Fraudulent execution of deed of transfer containing 322 The person affected thereby.
false statement of consideration.
Fraudulent removal or concealment of property. 323 The person affected thereby.
Mischief, when the only loss or damage caused is 324(2), 324(4) The person to whom the loss or
loss or damage to a private person. damage is caused.
Mischief by killing or maiming animal. 325 The owner of the animal.
Mischief by injury to works of irrigation by 326(a) The person to whom the loss or
wrongfully diverting water when the only loss or damage is caused.
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 an offence (other than 332(c) The person in possession of the
theft) punishable with imprisonment. 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.
1 2 3
Selling goods marked with a counterfeit property 349 The person to whom loss or injury is
mark. 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 354 The person induced.
divine displeasure.
Defamation, except such cases as are specified 356(2) The person defamed.
against section 356(2) of the Bharatiya Nyaya
Sanhita, 2023, (45 of 2023) column 1 of the Table
under sub-section (2).
Printing or engraving matter, knowing it to be 356(3) The person defamed.
defamatory.
Sale of printed or engraved substance containing 356(4) The person defamed.
defamatory matter, knowing it to contain such
matter.
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 Person by whom offence may
Bharatiya Nyaya be compounded
Sanhita applicable
1 2 3
Word, gesture or act intended to insult the 79 The woman whom it was
modesty of a woman. intended to insult or whose
privacy was intruded upon.
Marrying again during the life-time of a 82(1) The husband or wife of the
husband or wife. 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.
1 2 3
Causing hurt by doing an act so rashly and 125(a) The person to whom hurt is
negligently as to endanger human life or caused.
the personal safety of others.
Causing grievous hurt by doing an act so 125(b) The person to whom hurt is
rashly and negligently as to endanger caused.
human life or the personal safety of others.
Assault or criminal force in attempting 135 The person assaulted or to
wrongfully to confine a person. whom the force was used.
Theft, by clerk or servant of property in 306 The owner of the property
possession of master. 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 316(4) The owner of the property in
servant. respect of which the breach of
trust has been committed.
Cheating a person whose interest the 318(3) The person cheated.
offender was bound, either by law or by
legal contract, to protect.
Cheating and dishonestly inducing delivery 318(4) The person cheated.
of property or the making, alteration or
destruction of a valuable security.
Defamation against the President or the 356(2) The person defamed.
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.
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 Person by whom offence may
Bharatiya Nyaya be compounded
Sanhita applicable
1 2 3
Word, gesture or act intended to insult the 79 The woman whom it was
modesty of a woman. intended to insult or whose
privacy was intruded upon.
Marrying again during the life-time of a 82(1) The husband or wife of the
husband or wife. 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.
1 2 3
Causing hurt by doing an act so rashly and 125(a) The person to whom hurt is
negligently as to endanger human life or caused.
the personal safety of others.
Causing grievous hurt by doing an act so 125(b) The person to whom hurt is
rashly and negligently as to endanger caused.
human life or the personal safety of others.
Assault or criminal force in attempting 135 The person assaulted or to
wrongfully to confine a person. whom the force was used.
Theft, by clerk or servant of property in 306 The owner of the property
possession of master. 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 316(4) The owner of the property in
servant. respect of which the breach of
trust has been committed.
Cheating a person whose interest the 318(3) The person cheated.
offender was bound, either by law or by
legal contract, to protect.
Cheating and dishonestly inducing delivery 318(4) The person cheated.
of property or the making, alteration or
destruction of a valuable security.
Defamation against the President or the 356(2) The person defamed.
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 (45 of 2023), may be
compounded in like manner.
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.
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.
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.
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.
with whom the offence has been compounded.
(9)
No offence shall be compounded except as provided by this section.