Compoundable Offences under BNSS Section 359 and CrPC Section 320
A current guide to offences that may be compounded by the affected person, either without court permission or with the permission of the court, under India's criminal-procedure law.
Offences compoundable without permission of the court - Section 359(1) BNSS
The following BNS offences may be compounded by the person identified in the third column, without first obtaining the court's permission under Section 359(1) BNSS.
| Offence | BNS section | Person who may compound |
|---|---|---|
| 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 deliberate intent to wound religious feelings | 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 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 to prevent distribution among creditors | 320 | The creditors affected |
| Fraudulently preventing a debt or demand from being made available for creditors | 321 | The creditors affected |
| Fraudulent execution of deed of transfer containing false statement of consideration | 322 | The person affected |
| Fraudulent removal or concealment of property | 323 | The person affected |
| Mischief where the only loss or damage is to a private 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 where loss/damage is private | 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 a person to believe himself an object of divine displeasure | 354 | The person induced |
| Defamation (other than the specified public-function cases requiring court permission) | 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 |
Offences compoundable with permission of the court - Section 359(2) BNSS
These offences may be compounded only with the permission of the court before which the prosecution is pending.
| Offence | BNS section | Person who may compound |
|---|---|---|
| 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 lifetime 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 rash or negligent act endangering human life or personal safety | 125(a) | The person to whom hurt is caused |
| Causing grievous hurt by rash or negligent act endangering human life or personal safety | 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 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 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 property in respect of which breach of trust has been committed |
| Cheating a person whose interest the offender was bound by law or legal contract to protect | 318(3) | The person cheated |
| Cheating and dishonestly inducing delivery of property or making, alteration or destruction of valuable security | 318(4) | The person cheated |
| Defamation against specified high public functionaries in respect of public functions when instituted on Public Prosecutor complaint | 356(2) | The person defamed |
Important rules under Section 359 BNSS
Where an offence is compoundable, its abetment, a punishable attempt, and liability covered by Section 3(5) or Section 190 BNS may be compounded in the same manner. If the person competent to compound is a child or of unsound mind, a person competent to contract on that person's behalf may compound with court permission. If that person has died, the legal representative may compound with the court's consent.
If the accused has been committed for trial, or has been convicted and an appeal is pending, compounding requires leave of the appropriate court. A High Court or Court of Session exercising revision may permit compounding. Compounding is barred where a previous conviction makes the accused liable to enhanced or different punishment. A valid composition has the effect of an acquittal, and no offence may be compounded except as provided by Section 359.
Section 320 CrPC and IPC - for saved/pending proceedings
For proceedings preserved by Section 531 BNSS, Section 320 CrPC continues to govern compounding. The following tables provide the IPC framework relevant to such proceedings. The earlier offence of adultery under IPC Section 497 is not included because the Supreme Court struck down Section 497 in 2018; it should not be presented as a presently compoundable offence.
IPC offences compoundable without court permission under Section 320(1) CrPC
| Offence | IPC section | Person who may compound |
|---|---|---|
| Uttering words etc. with deliberate intent to wound religious feelings | 298 | Person whose religious feelings are intended to be wounded |
| Voluntarily causing hurt | 323 | Person to whom hurt is caused |
| Voluntarily causing hurt on provocation | 334 | Person to whom hurt is caused |
| Voluntarily causing grievous hurt on grave and sudden provocation | 335 | Person to whom hurt is caused |
| Wrongful restraint / confinement | 341, 342, 343, 344, 346 | Person restrained or confined |
| Assault or use of criminal force | 352, 355, 358 | Person assaulted or to whom criminal force is used |
| Theft | 379 | Owner of property stolen |
| Dishonest misappropriation of property | 403 | Owner of property misappropriated |
| Criminal breach of trust by carrier, wharfinger, etc. | 407 | Owner of property concerned |
| Dishonestly receiving stolen property | 411 | Owner of property stolen |
| Assisting in concealment of stolen property | 414 | Owner of property stolen |
| Cheating | 417 | Person cheated |
| Cheating by personation | 419 | Person cheated |
| Fraudulent acts affecting creditors / property transfers | 421, 422, 423, 424 | Person(s) affected as specified in section 320 table |
| Mischief causing private loss/damage | 426, 427 | Person to whom loss or damage is caused |
| Mischief involving animals / irrigation | 428, 429, 430 | Owner/person suffering loss or damage, as applicable |
| Criminal trespass / house-trespass | 447, 448 | Person in possession of property |
| House-trespass to commit offence (other than theft) punishable with imprisonment | 451 | Person in possession of house trespassed upon |
| False/counterfeit property mark offences | 482, 483, 486 | Person to whom loss or injury is caused |
| Criminal breach of contract of service | 491 | Person with whom offender contracted |
| Enticing/taking away/detaining married woman with criminal intent | 498 | Husband of the woman and the woman |
| Defamation / printing / sale of defamatory matter | 500, 501, 502 | Person defamed |
| Intentional insult to provoke breach of peace | 504 | Person insulted |
| Criminal intimidation | 506 | Person intimidated |
| Inducing belief of divine displeasure | 508 | Person induced |
IPC offences compoundable with court permission under Section 320(2) CrPC
| Offence | IPC section | Person who may compound |
|---|---|---|
| Causing miscarriage | 312 | Woman to whom miscarriage is caused |
| Voluntarily causing grievous hurt | 325 | Person to whom hurt is caused |
| Rash/negligent act causing hurt | 337 | Person to whom hurt is caused |
| Rash/negligent act causing grievous hurt | 338 | Person to whom hurt is caused |
| Assault/criminal force in attempting wrongful confinement | 357 | Person assaulted or to whom force was used |
| Theft by clerk or servant | 381 | Owner of property stolen |
| Criminal breach of trust | 406 | Owner of property concerned |
| Criminal breach of trust by clerk or servant | 408 | Owner of property concerned |
| Cheating where offender was bound to protect victim's interest | 418 | Person cheated |
| Cheating and dishonestly inducing delivery of property | 420 | Person cheated |
| Marrying again during lifetime of husband or wife | 494 | Husband or wife of person so marrying |
| Word/gesture/act intended to insult modesty of a woman | 509 | Woman intended to be insulted or whose privacy was intruded upon |
State amendments under the former CrPC framework
State amendments may affect saved CrPC proceedings. The India Code text records, among others, Madhya Pradesh amendments relating to IPC Sections 147, 148, 294 and Part II of Section 506, and Andhra Pradesh/Telangana provisions concerning compounding of IPC Section 498-A subject to statutory conditions. Because state amendments and their territorial application require case-specific verification, the applicable State law should be checked before relying on a compromise.
Official legal sources
Frequently asked questions
Can parties compromise every criminal case?
No. Statutory compounding is available only for offences listed as compoundable under the applicable provision. Section 359(9) BNSS states that no offence shall be compounded except as provided by that section.
What happens after a compoundable offence is validly compounded?
Section 359(8) BNSS provides that composition has the effect of an acquittal of the accused with whom the offence has been compounded.
Which provision replaces Section 320 CrPC?
For proceedings governed by BNSS, the corresponding provision is Section 359 BNSS. Saved proceedings falling under Section 531 BNSS may continue under the CrPC.
Legal note: This page is a statutory reference guide. The applicable law can depend on the date of the alleged offence, commencement and pendency of proceedings, State amendments, and the exact charge framed.