359 Bnss - Compounding of offences

Section 359 Compounding of offences - Bharatiya Nagarik Suraksha Sanhita, 2023

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 Nyaya Sanhita, 2023 applicable	Person by whom offence may be compounded
1	2	3
Enticing or taking away or detaining with criminal intent a married woman.	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 Uttering words, etc., with 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.

Offence	Section of the Bharatiya Nyaya Sanhita, 2023 applicable	Person by whom offence may be compounded
1	2	3
Fraudulent removal or concealment of property.	323	The person affected thereby.
Mischief, when the only loss or damage caused is loss or damage caused is 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, 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 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, 2023 applicable	Person by whom offence may 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, 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.