Section 359 — Compounding of offences

(1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 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:— TABLE Offence Section of the Person by whom Bharatiya Nyaya offence may be Sanhita, 2023 compounded applicable 1 2 3 Enticing or taking away or 84 The husband of the detaining with criminal intent a woman and the married woman. woman. Voluntarily causing hurt. 115(2) The person to whom the hurt is caused. Voluntarily causing hurt on 122(1) The person to whom provocation. the hurt is caused. Voluntarily causing grievous hurt 122(2) The person to whom on grave and sudden provocation. the hurt is caused. Wrongfully restraining or 126(2), 127 (2) The person confining any person. restrained or confined. Wrongfully confining a person for 127(3) The person confined. three days or more. Wrongfully confining a person for 127(4) The person confined. ten days or more. 1 2 3 Wrongfully confining a person in 127(6) The person confined. secret. Assault or use of criminal force. 131, 133, 136 The person assaulted or to whom criminal force is used. Uttering words, etc., with 302 The person whose deliberate intent to wound the religious feelings religious feelings of any person. are intended to be wounded. Theft. 303(2) The owner of the property stolen. Dishonest misappropriation of 314 The owner of the property. property misappropriated. Criminal breach of trust by a 316(3) The owner of the carrier, wharfinger, etc. property in respect of which the breach of trust has been committed. Dishonestly receiving stolen 317(2) The owner of the property knowing it to be stolen. property stolen. Assisting in the concealment or 317(5) The owner of the disposal of stolen property, property stolen. knowing it to be stolen. Cheating. 318(2) The person cheated. Cheating by personation. 319(2) The person cheated. Fraudulent removal or concealment 320 The creditors who of property, etc., to prevent are affected distribution among creditors. thereby. Fraudulently preventing from 321 The creditors who being made available for his are affected creditors a debt or demand due to thereby. the offender. Fraudulent execution of deed of 322 The person affected transfer containing false statement thereby. of consideration. Fraudulent removal or concealment 323 The person affected of property. thereby. 1 2 3 Mischief, when the only loss or 324(2), 324(4) The person to whom damage caused is loss or damage to the loss or damage a private person. is caused. Mischief by killing or maiming 325 The owner of the animal. animal. Mischief by injury to works of 326(a) The person to whom irrigation by wrongfully diverting the loss or damage water when the only loss or is caused. damage caused is loss or damage to private person. 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 332(c) The person in offence (other than theft) possession of the punishable with imprisonment. house trespassed upon. Using a false trade or property 345(3) The person to whom mark. loss or injury is caused by such use. Counterfeiting a property mark 347(1) The person to whom used by another. loss or injury is caused by such use. Selling goods marked with a 349 The person to whom counterfeit property mark. loss or injury is caused by such use. Criminal intimidation. 351(2), 351(3) The person intimidated. Insult intended to provoke a 352 The person insulted. breach of peace. Inducing person to believe himself 354 The person induced. an object of divine displeasure. 1 2 3 Defamation, except such cases as 356 (2) The person are specified against Section defamed. 356(2) of the Bharatiya Nyaya Sanhita, 2023, column 1 of the Table under sub-section (2). Printing or engraving matter, 356(3) The person knowing it to be defamatory. defamed. Sale of printed or engraved 356(4) The person substance containing defamatory defamed. matter, knowing it to contain such matter. Criminal breach of contract of 357 The person with service. whom the offender has contracted.

(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 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:— TABLE Offence Section of the Person by whom offence Bharatiya Nyaya may be compounded Sanhita applicable 1 2 3 Word, gesture or act intended 79 The woman whom it to insult the modesty of a was intended to insult woman. or whose privacy was intruded upon. Marrying again during the 82 (1) The husband or wife of life-time of a husband or the person so marrying. wife. Causing miscarriage. 88 The woman to whom miscarriage is caused. Voluntarily causing grievous 117(2) The person to whom hurt. hurt is caused. Causing hurt by doing an act 125(a) The person to whom so rashly and negligently as hurt is caused. to endanger human life or the personal safety of others. 1 2 3 Causing grievous hurt by 125(b) The person to whom doing an act so rashly and hurt is caused. negligently as to endanger human life or the personal safety of others. Assault or criminal force in 135 The person assaulted or attempting wrongfully to to whom the force was confine a person. used. Theft, by clerk or servant of 306 The owner of the property in possession of property stolen. master. 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 316(4) The owner of the clerk or servant. property in respect of which the breach of trust has been committed. Cheating a person whose 318(3) The person cheated. interest the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly 318(4) The person cheated. inducing delivery of property or the making, alteration or destruction of a valuable security. Defamation against the 356(2) The person defamed. 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

(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 sub-section (5) of Section 3 or Section 190 of the Bharatiya Nyaya Sanhita, 2023, may be compounded in like manner.

(4) (a) When the person who would otherwise be competent to compound an offence under this section is a child or of unsound mind, 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 442 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.