Section 359 BNSS: Compounding of Offences
Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) specifies which offences under the Bharatiya Nyaya Sanhita, 2023 (BNS) may be compounded, who may compound them, when permission of the Court is necessary, and the legal effect of a valid composition.
What does compounding of an offence mean?
Compounding is a statutory method by which the person specified by Section 359 agrees to settle a compoundable criminal offence with the accused. It is available only for offences expressly listed in Section 359 and only in the manner permitted by that section. For offences listed in sub-section (2), the permission of the Court before which the prosecution is pending is mandatory.
Section 359(8) gives a valid composition the effect of an acquittal of the accused with whom the offence has been compounded. Sub-section (9) makes clear that an offence cannot be compounded except as provided by Section 359.
Section 359(1): Offences compoundable without court permission
The offences in the following table may be compounded by the person stated in the third column. The table consolidates the entries appearing under Section 359(1).
| 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 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. |
| Fraudulent removal or concealment of property. | 323 | The person affected thereby. |
| Mischief, when the only loss or damage caused is loss or damage 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 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. |
Section 359(2): Offences compoundable with permission of the Court
The following offences may be compounded only with the permission of the Court before which the prosecution is pending, and only by the person identified in the third column.
| 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 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. |
Other rules under Section 359
Legal effect of compounding under Section 359
Section 359(8) provides that composition of an offence under this section has the effect of an acquittal of the accused with whom the offence has been compounded. Section 359(9) further states that no offence may be compounded except as provided by this section.
Accordingly, a private settlement does not by itself amount to statutory compounding where the offence is not listed, where the wrong person seeks to compound, or where the required permission or leave of the Court has not been obtained.
Official legal sources
For the authoritative text and updates, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, the Bharatiya Nyaya Sanhita, 2023 on India Code, and the Ministry of Home Affairs New Criminal Laws page.
Frequently asked questions
Does every settlement between complainant and accused amount to compounding?
No. Statutory compounding under Section 359 is confined to the offences and persons specified in the section and is subject to its procedural conditions.
When is permission of the Court required?
Permission is required for offences listed in Section 359(2). Court leave or consent is also required in the situations specifically covered by sub-sections (4), (5) and (6).
What happens after a valid composition?
Under Section 359(8), the composition has the effect of an acquittal of the accused with whom the offence has been compounded.
This page is an informational summary of Section 359 BNSS. In case of any inconsistency, the text published by the Government of India prevails.