Updated for BNSS, 2023

Application for Compounding of Offence under Section 359 BNSS

Updated sample format for a compromise or compounding application in a criminal case, with a practical note on proceedings that continue to be governed by Section 320 of the Code of Criminal Procedure, 1973 under the BNSS savings clause.

Current legal position

For proceedings governed by the new criminal laws: Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with compounding of specified offences punishable under the Bharatiya Nyaya Sanhita, 2023 (BNS). The BNSS substantially came into force on 1 July 2024.
For older pending matters: Section 531(2)(a) BNSS saves an appeal, application, trial, inquiry or investigation that was pending immediately before commencement of the BNSS. Such proceedings continue under the Code of Criminal Procedure, 1973 as provided by the savings clause. In those matters, Section 320 CrPC may therefore remain the applicable compounding provision.
Current provision Section 359 BNSS
Legacy provision Section 320 CrPC
Effect Acquittal on lawful compounding

Section 359 separates offences that may be compounded by the specified person from offences that require permission of the Court. Where an accused has been committed for trial or has been convicted and an appeal is pending, the leave contemplated by Section 359(5) is required. Section 359(8) states that composition under the section has the effect of an acquittal, while Section 359(9) makes clear that an offence cannot be compounded except as provided by that section.

Sample Application for Compounding / Compromise

Drafting note: Replace the bracketed or blank portions with the actual case details. Mention Section 359 BNSS for proceedings governed by the BNSS. For a saved proceeding governed by the old Code, adapt the heading and pleadings to Section 320 CrPC. Also verify that the exact offence is compoundable and whether prior permission of the Court is required.

IN THE COURT OF __________________________ AT __________________
Criminal Case / Complaint No. ________ of 20____

IN THE MATTER OF:

State / Complainant: __________________________ Complainant

VERSUS

Mr./Ms. __________________________
Address: __________________________
Accused

Offence(s): Section(s) __________________ of the Bharatiya Nyaya Sanhita, 2023 / other applicable law
Police Station: __________________________
Next Date of Hearing: ____________________

Joint Application for Compounding of Offence under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023

MOST RESPECTFULLY SHOWETH:

  1. That the above-captioned criminal case is pending before this Hon'ble Court and is presently fixed for __________________.
  2. That the accused is facing proceedings for the offence(s) punishable under Section(s) __________________ of the Bharatiya Nyaya Sanhita, 2023 / other applicable law.
  3. That the dispute between the parties has been resolved voluntarily and amicably, without coercion, undue influence or pressure, and the person legally competent to compound the offence has agreed to the composition.
  4. That the settlement has been reduced into writing in the form of a compromise / settlement deed dated __________________, a copy of which may be filed with this application, where applicable.
  5. That the offence sought to be compounded is one which is legally compoundable by the competent person under Section 359 BNSS and, where permission of this Hon'ble Court is required by law, the applicants respectfully seek such permission.
  6. That the parties understand the legal consequence of lawful compounding and are making this application of their own free will.
  7. That acceptance of the lawful composition would bring the dispute to an end and serve the interests of justice.

PRAYER

In view of the facts stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

  1. take the compromise / composition between the parties on record and permit the compounding of the offence, where permission of the Court is required;
  2. pass the consequential order in accordance with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, including acquittal where the requirements of law are satisfied; and
  3. pass such other or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
APPLICANT(S)

Through Counsel
__________________________, Advocate

Place: __________________
Date: __________________


AFFIDAVIT / VERIFICATION

I, __________________________, aged about ____ years, S/o / D/o / W/o __________________________, residing at __________________________, do hereby solemnly affirm and state as follows:

  1. That I am the __________________ in the above case and am competent to swear this affidavit.
  2. That I have read and understood the accompanying application for compounding / compromise. The statements made therein are true and correct to my knowledge and belief.
  3. That the settlement / compromise has been entered into voluntarily, without coercion, threat, pressure or undue influence.

VERIFICATION

Verified at __________________ on this ____ day of __________________, 20____ that the contents of the above affidavit are true and correct to my knowledge and belief and that nothing material has been concealed.

DEPONENT

Frequently Asked Questions

Is every criminal offence compoundable after a settlement?

No. Compounding is available only where the governing law permits it. Section 359(9) BNSS specifically provides that no offence shall be compounded except as provided by the section. A private settlement by itself does not convert a non-compoundable offence into a compoundable offence.

When is permission of the Court necessary?

Section 359 contains separate categories. Certain listed offences may be compounded by the specified person, while another category may be compounded only with permission of the Court before which the prosecution is pending. Additional leave requirements apply after committal for trial or when a conviction is under appeal.

Should I use Section 359 BNSS or Section 320 CrPC?

Use the provision governing the proceeding. BNSS is the current procedural code, but Section 531(2)(a) preserves the CrPC for proceedings that were already pending immediately before the BNSS commenced. The case record and date of institution should therefore be checked before filing.