(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. 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. 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.
Legal Commentary & Landmark Judgments: Section 359
Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the statutory compounding of criminal offences, providing an exhaustive catalog of compoundable crimes.
Under sub-section (6), the compounding of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.
Section 359 provides complete and immediate exoneration. A compounding deed executed between the victim and accused under Section 359 results in a statutory acquittal that permanently terminates the prosecution and bars any future trial on the same facts.