CrPC Section 320 is now BNSS 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:—

Offence Section of the Person by whom Bharatiya Nyaya offence Sanhita, 2023 may be applicable compounded 1 2 3 Enticing or taking away 84 The husband of the or detaining with woman and the criminal intent a woman. married woman.

Voluntarily causing 115(2) The person to whom hurt the hurt is caused Voluntarily causing 122(1) The person to whom hurt on provocation the hurt is caused Voluntarily causing 122(2) The person to whom grievous hurt on grave the hurt is caused and sudden isprovocation.

Wrongfully restraining 126(2), 127(2) The person restrained or confining any or confined person.

Wrongfully confining a 127(3) The person confined. person for three days or more.

Wrongfully confining a 127(4) The person confined. person for ten days or more Wrongfully confining a 127(6) The person confined. person in secret Assault or use of 131, 133,136 The person assaulted criminal force. or to whom criminal force is used.

Uttering words, etc., 302 The person whose with religious feelings are deliberate intent to intended to be wound wounded. the religious feelings of any person.

Theft 303(2) The owner of the property stolen.

Dishonest 314 The owner of the misappropriation of property property. misappropriated.

Criminal breach of 316(3) The owner of the trust by a carrier, property in respect of wharfinger, etc. which the breach of trust has been committed Dishonestly receiving 317(2) The owner of the stolen property stolen. property knowing it to be stolen.

Assisting in the 317(5) The owner of the concealment property stolen. or disposal of stolen property, knowing it to be stolen.

Cheating. 318(2) The person cheated Cheating by 319(2) The person cheated personation Fraudulent removal or 320 The creditors who are concealment of affected thereby property, etc., to prevent distribution among creditors.

Fraudulently 321 The creditors who are preventing from being affected thereby made available for his creditors a debt or demand due to the offender Fraudulent execution 322 The person affected of deed of transfer thereby containing false statement of consideration Fraudulent removal or 323 The person affected concealment of thereby property Mischief, when the only 324(2), 324(4) The person to whom loss or damage caused the loss or damage is is loss or damage to a caused private person Mischief by killing or 325 The owner of the maiming animal animal Mischief by injury to 326(a) The person to whom works of irrigation by the loss or damage is wrongfully diverting caused water when the only loss or 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 332(c) The person in commit an offence possession of the (other than theft) property trespassed punishable with upon. imprisonment Using a false trade or 345(3) The person to whom property mark loss or injury is caused by such use.

Counterfeiting a 347(I) The person to whom property mark used by loss or injury is caused another by such use.

Selling goods marked 349 The person to whom with a counterfeit loss or injury is caused property mark by such use.

Criminal intimidation 351(2), 351(3) The person intimidated Insult intended to 352 The person insulted provoke a breach of peace Inducing person to 354 The person induced believe himself an object of divine displeasure Defamation, except 356(2) The person defamed such cases as are specified against section 356(2) of the Bharatiya Nyaya Sanhita, 2023, column 1 of the table under sub-section (2) Printing or engraving 356(3) The person defamed matter, knowing it to be defamatory Sale of printed or 356(4) The person defamed engraved substance containing defamatory matter, knowing it to contain such matter.

Criminal breach of 357 The person with whom contract of service 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: —

Offence Section of the Person by whom Bharatiya Nyaya offence Sanhita applicable may be compounded 1 2 3 Word, gesture or act 79 The woman whom it intended to insult the was intended to insult modesty of a women or whose privacy was intruded upon Marrying again during 82(I) The husband or wife of the life-time of a the person so husband or wife. marrying.

Causing miscarriage 88 The women to whom miscarriage is caused Voluntarily causing 117(2) The person to whom grievous hurt hurt is caused Causing hurt by doing 125(a) The person to whom an act so rashly and hurt is caused negligently as to endanger human life or the personal safety of others.

Causing grievous hurt 125(b) The person to whom by doing an act so hurt is caused rashly and negligently as to endanger human life or the personal safety of others.

Assault or criminal 135 The person assaulted force in attempting or to whom force was wrongfully to confine a caused. person.

Theft, by clerk or 306 The owner of the servant of property in property stolen possession of master.

Criminal breach of 316(2) The owner of the trust property in respect of which breach of trust has been committed.

Criminal breach of 316(4) The owner of the trust by clerk or property in respect of servant which breach of trust has been committed.

Cheating a person 318(3) The person cheated whose interest the offender was bound, either by law or by legal contract, to protect Cheating and 318(4) The person cheated dishonestly 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 Minster 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 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.