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 Bharatiya Person by whom offence
Nyaya Sanhita, 2023 applicable may be compounded
1 2 3
Uttering words, etc., with 300 The person whose religious
deliberate intent to wound feelings are intended to
the religious feelings of be wounded.
any person.
Voluntarily causing hurt. 113(2) The person to whom the hurt
is caused.
Voluntarily causing hurt 120(1) Ditto.
on provocation.
Voluntarily causing grievous hurt 120(2) The person to whom the hurt
on grave and sudden provocation. is caused.
Wrongfully restraining or 124(2) The person restrained or
confining any person. confined.
Wrongfully confining a person 125(3) The person confined.
for three days or more.
Wrongfully confining a person 125(4) Ditto.
for ten days or more.
Wrongfully confining a person 125(6) The person confined.
in secret.
Assault or use of criminal force. 129, 131 The person assaulted or to
whom criminal force is used.
House-trespassing or house- 329(6) Person in possession of
breaking after sunset or property trespassed upon.
before sunrise.
Theft. 301(2) The owner of the property
stolen.
Dishonest misappropriation 312 The owner of the property
of property. misappropriated.
Criminal breach of trust by a 314(3) The owner of the property in
carrier, wharfinger, etc. respect of which the breach of
trust has been committed.
Dishonestly receiving stolen 315(2) The owner of the property
property knowing it to be stolen. stolen.
Assisting in the concealment or 315(5) Ditto.
disposal of stolen property,
knowing it to be stolen.
Cheating. 316(2) The person cheated.
Cheating by personation. 317(2) Ditto.
Fraudulent removal or concealment 318 The creditors who are affected
of property, etc., to prevent thereby.
distribution among creditors.
Fraudulently preventing from 319 Ditto.
being made available for his
creditors a debt or demand
due to the offender.
Fraudulent execution of deed of 320 The person affected thereby.
transfer containing false statement
of consideration.
Fraudulent removal or concealment 321 Ditto.
of property.
Mischief, when the only loss or 322(2), The person to whom the loss
damage caused is loss or damage 322(4) or damage is caused.
to a private person.
Mischief by killing or maiming animal. 323 The owner of the animal.
Mischief by injury to works of 324(a) The person to whom the loss
irrigation by wrongfully diverting or damage is caused.
water when the only loss or
damage caused is loss or damage
to private person.
Criminal trespass. 327(3) The person in possession of
the property trespassed upon.
House-trespass. 327(4) Ditto.
House-trespass to commit an 330(c) The person in possession of
offence (other than theft) the house trespassed upon.
punishable with imprisonment.
Using a false trade or property mark. 343(3) The person to whom loss or
injury is caused by such use.
Counterfeiting a property mark 345(1) Ditto.
used by another.
Selling goods marked with a 347 Ditto.
counterfeit property mark.
Breach of contract to attend on and 355 The person with whom the
supply wants of helpless person. offender has contracted.
Enticing or taking away or detaining 83 The husband of the woman
with criminal intent a married woman. and the woman.
Defamation. 354(2) The person defamed.
Printing or engraving matter, 354(3) Ditto.
knowing it to be defamatory.
Sale of printed or engraved 354(4) Ditto.
substance containing defamatory
matter, knowing it to contain
such matter.
Insult intended to provoke a 350 The person insulted.
breach of the peace.
Criminal intimidation. 349(2) The person intimidated.
Inducing person to believe himself 352 The person induced.
an object of divine displeasure.
(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita
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 Bharatiya Person by whom offence
Nyaya Sanhita applicable may be compounded
1 2 3
Causing miscarriage. 86 The woman to whom
miscarriage is caused.
Voluntarily causing 115(2) The person to whom hurt is
grievous hurt. caused.
Causing hurt by doing an 123(a) Ditto.
act so rashly and negligently
as to endanger human life
or the personal safety of others.
Causing grievous hurt by 123(b) Ditto.
doing an act so rashly and
negligently as to endanger
human life or the personal
safety of others.
Assault or criminal force in 133 The person assaulted or to
attempting wrongfully to whom the force was used.
confine a person.
Theft, by clerk or servant of 304 The owner of the property
property in possession of master. stolen.
Criminal breach of trust. 314(2) The owner of the property in
respect of which breach of
trust has been committed.
Criminal breach of trust by 314(4) The owner of the property in
a clerk or servant. respect of which the breach of
trust has been committed.
Cheating a person whose 316(3) The person cheated.
interest the offender was
bound, either by law or by
legal contract, to protect.
Cheating and dishonestly 316(4) The person cheated.
inducing delivery of property
or the making, alteration or
destruction of a valuable security.
Marrying again during the 81(2) The husband or wife of the
life-time of a husband or wife. person so marrying.
Defamation. 354(2) The person defamed.
Word, gesture or act intended 78 The woman whom it was
to insult the modesty of intended to insult or whose
a woman. privacy was intruded upon.
(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 188 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 under the age of eighteen years or has intellectual disability requiring
high support needs or is a person with mental illness, 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.