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Code of Criminal Procedure, 1973 · Chapter XXIV: General Provisions As to Inquiries and Trials

Section 320: Compounding of offences

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 359 (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:— [TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable

Uttering words, etc., with deliberate

The person whose religious feelings intent to wound the religious are intended to be wounded. feelings of any person. Voluntarily causing hurt.

The person to whom the hurt is caused. Voluntarily causing hurt on

Ditto. provocation. Voluntarily causing grievous hurt

The person to whom the hurt is 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. 1. Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31-12-2009).

Wrongfully confining a person in The person confined. secret. Assault or use of criminal force. 352, The person assaulted or to whom 355, criminal force is used.

Theft.

The owner of the property stolen. Dishonest misappropriation of

The owner of the property property. misappropriated. Criminal breach of trust by a carrier,

The owner of the property in respect wharfinger, etc. of which the breach of trust has been 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

The creditors who are affected 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, The person to whom the loss or 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

The person to whom the loss or 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

The person in possession of the offence (other than theft) punishable house trespassed upon. with imprisonment. Using a false trade or property

The person to whom loss or injury is 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

The person with whom the offender service. has contracted. Adultery.

The husband of the woman. Enticing or taking away or detaining

The husband of the woman and the with criminal intent a married woman 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

The person induced.] 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:— [TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable

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-

The person assaulted or to whom 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

The owner of property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk

The owner of the property in respect or servant. of which the breach of trust has been 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. 1. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009).

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

The woman whom it was intended to gestures or exhibiting any object insult or whose privacy was intruded intending to insult the modesty of a upon.] 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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 320