BNSS §359

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 Uttering words, etc., with deliberate The person whose religious feelings intent to wound the religious are intended to be wounded. feelings of any person. Voluntarily causing hurt. The person to whom the hurt is caused. Voluntarily causing hurt on Ditto. provocation. Voluntarily causing grievous hurt 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. Wrongfully confining a person for The person confined. three days or more Wrongfully confining a person for Ditto. ten days or more. Wrongfully confining a person in The person confined. secret. Assault or use of criminal force. 352, The person assaulted or to whom 355, criminal force is used. Theft. The owner of the property stolen. Dishonest misappropriation of The owner of the property property. misappropriated. Criminal breach of trust by a carrier, The owner of the property in respect wharfinger, etc. of which the breach of trust has been committed. Dishonestly receiving stolen The owner of the property stolen. property knowing it to be stolen. 1. Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31-12-2009). Assisting in the concealment or Ditto. disposal of stolen property, knowing it to be stolen. Cheating. 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 Ditto. made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of The person affected thereby. transfer containing false statement of consideration. Fraudulent removal or concealment Ditto. of property. Mischief, when the only loss or 426, The person to whom the loss or damage caused is loss or damage to damage is caused. a private person. Mischief by killing or maiming The owner of the animal. animal. Mischief by killing or maiming The owner of the cattle or animal. cattle, etc. Mischief by injury to works of 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. Criminal trespass. The person in possession of the property trespassed upon. House-trespass. Ditto. House-trespass to commit an The person in possession of the offence (other than theft) punishable house trespassed upon. with imprisonment. Using a false trade or property The person to whom loss or injury is mark. caused by such use. Counterfeiting a trade or property Ditto. mark used by another. Knowingly selling, or exposing or 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. The husband of the woman. Enticing or taking away or detaining The husband of the woman and the with criminal intent a married woman woman. Defamation, except such cases as 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, Ditto. knowing it to be defamatory. Sale of printed or engraved Ditto. substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach The person insulted. of the peace. Criminal intimidation. The person intimidated. Inducing person to believe himself 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 Causing miscarriage. The woman to whom miscarriage is caused . Voluntarily causing grievous hurt. The person to whom hurt is caused. Causing hurt by doing an act so 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- The person assaulted or to whom ting wrongfully to confine a person. the force was used. Theft, by clerk or servant of The owner of the property stolen. property in possession of master. Criminal breach of trust The owner of property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk The owner of the property in respect or servant. of which the breach of trust has been committed. Cheating a person whose interest The person cheated. the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing The person cheated. delivery of property or the making, alteration or destruction of a valuable security. Marrying again during the life-time The husband or wife of the person so marrying. of a husband or wife. 1. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009). 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 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. STATE AMENDMENT Madhya Pradesh Amendment of Section 320.—In the table below sub-section

(2) of Section 320 of the principal Act,- 1. Subs. by Act 5 of 2009, s. 23, for sub-section

(3) (w.e.f. 31-12-2009). (i) in column first, second and third, before section 324 and entries relating thereto, the following sections and entries relating thereto shall be inserted, namely:— “(1)

(2)

(3) Rioting The person against whom the force or violence is used at the time of committing an offence: Provided that the accused is not charged with other offence which is not compoundable. Rioting armed with deadly weapon The person against whom the force or violence is used at the time of committing an offence: Provided that the accused is not charged with other offence which is not compoundable. Obscene acts or use of obscene words The person against whom obscene acts were done or obscene words were used.”. (ii) in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating thereto shall be inserted, namely:— “(1)

(2)

(3) Criminal intimidation if threat to be caused death or grievous hurt, etc. Part II of Section 506 The person against whom the offence of Criminal Intimidation was committed.”. [Vide Madhya Pradesh 17 of 1999, s. 3.]