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Compounding of offence:- (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. Section 320 of Code of Criminal Procedure 1973

Offences compounded with the permission of the court are defined under Section 320 of CRPC 1973. Provisions under these sections are:

Section 320 of CRPC "Offences compounded with the permission of the Court"

 

 

 

 

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:

Section of IPC Type of Offence Person by whom offence may be compounded
298 IPC Uttering words, etc., with deliberate Intent to wound the religious feelings of any person. The person whose religious feelings are intended to be wounded.
323 IPC Causing hurt. The person to whom the hurt is caused.
 

334 IPC

 

Voluntarily causing hurt on provocation.

 

The person to whom the hurt is caused.

335 Voluntarily causing grievous hurt on grave and sudden provocation The person to whom the hurt is caused
341, 342, 343, 344, 346 IPC Wrongfully restraining or confining any person. The person restrained or confined.
352, 355, 358 IPC Assault or use of criminal force. The person assaulted or to whom criminal force is used.
379 Theft he owner of the property stolen
403 Dishonest misappropriation of property The owner of the property
407 Criminal breach of trust by carrier, etc. The owner of the property in respect wharfinger, etc. of which the breach of trust has been committed.
411 Dishonestly receiving stolen property The owner of the property stolen.
414 Assisting in concealment of stolen property The owner of the property stolen. property knowing it to be stolen
417 Cheating The person cheated
419 Cheating by personation The person cheated
421 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors The person cheated
422 Dishonestly or fraudulently preventing debt being available for creditors The person cheated
423 Dishonest or fraudulent execution of deed of transfer con­taining false statement of consideration. The person cheated
424 Dishonest or fraudulent removal or concealment of property The person cheated
426, 427 IPC Mischief, when the only loss or damage caused is loss or damage to a private person. The person to whom the loss or damage is caused.
428 Mischief by killing or maiming animal of the value of ten rupees The owner of the animal
429 Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees The owner of the cattle or animal
430 Mischief by injury to works of irrigation or by wrongfully diverting water The person to whom the loss or irrigation by wrongfully diverting damage is caused
447 IPC Criminal trespass. The person in possession of the property trespassed upon.
448 IPC House trespass. The person in possession of the property trespassed upon.
451 House-trespass in order to commit offence punishable with imprisonment The person in possession of the offence (other than theft) punishable house trespassed upon
482 Punishment for using a false property mark The person to whom loss or injury is mark. caused by such use.
483 Counterfeiting a property mark used by another The person to whom loss or injury is mark. caused by such use.
486 Knowingly selling, or exposing or possessing for sale or for manufacturing purpose, goods marked with a counterfeit property
mark.
The person to whom loss or injury is mark. caused by such use.
491 IPC Criminal breach of contract of service. The person with whom the offender has contracted.
497 Adultery The husband of the woman
498 Enticing or taking away or detaining with criminal intent a married The husband of the woman and the woman
500 IPC Defamation against the President or the 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. The person defamed.
501 Printing or engraving matter, knowing it to be defamatory The person defamed.
502 Sale of printed or engraved
substance containing defamatory
matter, knowing it to contain such
matter
The person defamed.
504 Insult intended to provoke a breach of the peace The Person insulted
506 Criminal intimidation. The Person intimidated
508 Inducing person to believe himself an object of divine displeasure. The Person induced
509 IPC Uttering Word, gesture or act intended to insult the modesty of a woman 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

 

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:

Section of IPC Type of Offence Person by whom offence may be compounded
312 IPC Causing miscarriage The woman to whom miscarriage is caused.
325 Voluntarily causing grievous hurt The person to whom hurt is caused.
337 Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. The person to whom hurt is caused.
338 Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. The person to whom hurt is caused.
357 Assault or criminal force in attempting wrongfully to confine a person. The person assaulted or to whom the force was used.
381 Theft, by clerk or servant of property in possession of master. The owner of the property stolen
406 Criminal breach of trust The owner of property in respect of which breach of trust has been committed.
408 Criminal breach of trust by a clerk or servant. The owner of the property in respect of which the breach of trust has been committed.
418 Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect The person cheated.
420 Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. The person cheated.
494 Marrying again during the life-time of a husband or wife The husband or wife of the person so marrying.

 

 

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, may be compounded in like manner.
4.

1. 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.

2. 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.

 

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