CrPC · Chapter XXIV · General provisions as to inquiries and trials

CrPC section 320 in the BNSS

CrPC 320BNSS 359

CrPC section 320, “Compounding of offences”, is now BNSS section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 320 to BNSS 359

Now BNSS section 359, with the same scheme for compounding offences. The tables list BNS sections; adultery is dropped, as the BNS has no such offence.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 320 Compounding of offences

(1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) 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 Uttering words, etc., with deliberate intent to wound the religious are intended to be wounded.

feelings of any person.

Voluntarily causing hurt.

caused.

Voluntarily causing hurt on Ditto.

provocation.

Voluntarily causing grievous hurt on grave and sudden provocation. caused.

Wrongfully restraining or confining 341, The person restrained or confined.

any person.

Wrongfully confining a person for The person confined.

three days or more Wrongfully confining a person for Ditto.

ten days or more. Wrongfully confining a person in The person confined. secret. Assault or use of criminal force. 352, 355, criminal force is used.

Theft. The owner of the property stolen. Dishonest misappropriation of property. misappropriated. Criminal breach of trust by a carrier, wharfinger, etc. committed. Dishonestly receiving stolen The owner of the property stolen.

property knowing it to be stolen.

Assisting in the concealment or Ditto. disposal of stolen property, knowing it to be stolen. Cheating. The person cheated. Cheating by personation. Ditto. Fraudulent removal or concealment of property, etc., to prevent thereby. distribution among creditors. Fraudulently preventing from being Ditto. made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of The person affected thereby. transfer containing false statement of consideration. Fraudulent removal or concealment Ditto. of property. Mischief, when the only loss or 426, damage caused is loss or damage to damage is caused. a private person. Mischief by killing or maiming The owner of the animal. animal. Mischief by killing or maiming The owner of the cattle or animal. cattle, etc. Mischief by injury to works of irrigation by wrongfully diverting damage is caused. water when the only loss or damage caused is loss or damage to private person.

Criminal trespass. The person in possession of the property trespassed upon. House-trespass. Ditto. House-trespass to commit an offence (other than theft) punishable house trespassed upon. with imprisonment. Using a false trade or property mark. caused by such use. Counterfeiting a trade or property Ditto. mark used by another. Knowingly selling, or exposing or Ditto. possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. Criminal breach of contract of service. has contracted. Adultery. The husband of the woman. Enticing or taking away or detaining with criminal intent a married woman. Defamation, except such cases as The person defamed. are specified against section 500 of the Indian Penal Code (45 of 1860) in column 1 of the Table under sub-section (2). Printing or engraving matter, Ditto. knowing it to be defamatory. Sale of printed or engraved Ditto. substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach The person insulted. of the peace. Criminal intimidation. The person intimidated. Inducing person to believe himself an object of divine displeasure.

(2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) 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 Causing miscarriage. The woman to whom miscarriage is caused. Voluntarily causing grievous hurt. The person to whom hurt is caused. Causing hurt by doing an act so Ditto. rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an Ditto. act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempt- ting wrongfully to confine a person. the force was used. Theft, by clerk or servant of The owner of the property stolen. property in possession of master. Criminal breach of trust been committed. Criminal breach of trust by a clerk or servant. committed. Cheating a person whose interest The person cheated. the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing The person cheated. delivery of property or the making, alteration or destruction of a valuable security. Marrying again during the life-time The husband or wife of the person so marrying. of a husband or wife.

Defamation against the President or the 500 The person defamed.

Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the Public Prosecutor.

Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman.

(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 section 34 or 149 of the Indian Penal Code (45 of 1860) 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 is an idiot or a lunatic, 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 401 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.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 359 Compounding of offences

(1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 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 Enticing or taking away or detaining with criminal intent a and the woman. married woman.

Voluntarily causing hurt. is caused.

Voluntarily causing hurt on provocation. is caused.

Voluntarily causing grievous hurt on grave and sudden provocation. is caused.

Wrongfully restraining or confining any person. confined.

Wrongfully confining a person for The person confined. three days or more.

Wrongfully confining a person for The person confined. ten days or more.

Wrongfully confining a person in The person confined. secret.

Assault or use of criminal force. whom criminal force is used.

Uttering words, etc., with deliberate intent to wound the religious feelings of any person. wounded.

Theft. stolen.

Dishonest misappropriation of property. misappropriated.

Criminal breach of trust by a carrier, wharfinger, etc. of trust has been committed. Dishonestly receiving stolen property knowing it to The owner of the property stolen. be stolen.

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

Cheating. The person cheated.

Cheating by personation. The person cheated.

Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. thereby.

Fraudulently preventing from being made available for his creditors a debt or demand due to the thereby. offender.

Fraudulent execution of deed of transfer containing The person affected thereby. false statement of consideration.

Fraudulent removal or concealment of property. The person affected thereby.

Mischief, when the only loss or damage caused is loss or damage to a private person. damage is caused.

Mischief by killing or maiming animal. The owner of the animal.

Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage is caused. damage caused is loss or damage to private person.

Criminal trespass. property trespassed upon.

House-trespass. property trespassed upon.

House-trespass to commit an offence (other than theft) punishable with imprisonment. house trespassed upon.

Using a false trade or property mark. caused by such use.

Counterfeiting a property mark used by another. caused by such use. Selling goods marked with a counterfeit property mark. caused by such use.

Criminal intimidation. 351(2), 351(3) The person intimidated.

Insult intended to provoke a breach of peace. The person insulted.

Inducing person to believe himself an object of The person induced. divine displeasure.

Defamation, except such cases as are specified The person defamed. against section 356(2) of the Bharatiya Nyaya Sanhita, 2023, (45 of 2023) column 1 of the Table under sub-section (2).

Printing or engraving matter, knowing it to be The person defamed. defamatory.

Sale of printed or engraved substance containing The person defamed. defamatory matter, knowing it to contain such matter.

Criminal breach of contract of service. has contracted.

(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 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 Word, gesture or act intended to insult the modesty of a woman. privacy was intruded upon.

Marrying again during the life-time of a husband or wife. person so marrying.

Causing miscarriage. miscarriage is caused.

Voluntarily causing grievous hurt. caused.

Causing hurt by doing an act so rashly and negligently as to endanger human life or caused. the personal safety of others.

Causing grievous hurt by doing an act so rashly and negligently as to endanger caused. human life or the personal safety of others.

Assault or criminal force in attempting wrongfully to confine a person. whom the force was used.

Theft, by clerk or servant of property in possession of master. stolen.

Criminal breach of trust.

trust has been committed.

Criminal breach of trust by a clerk or servant. trust has been committed.

Cheating a person whose interest the The person cheated. offender was bound, either by law or by legal contract, to protect.

Cheating and dishonestly inducing delivery The person cheated. of property or the making, alteration or destruction of a valuable security.

Defamation against the President or the The person defamed. 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 (45 of 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;

(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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.