Indian criminal law guide | Updated October 2026
Compounding of Offences under BNSS Section 359 and CrPC Section 320
Compounding of an offence is a legally permitted settlement between the accused and the person authorised by law to compound a specified offence. It is not available for every criminal offence.
What is compounding of offences?
Compounding means that the legally authorised person agrees to settle a listed offence in the manner recognised by the criminal procedure law. Section 359 contains two statutory tables: offences compoundable without court permission under sub-section (1), and offences requiring permission of the court under sub-section (2). The person entitled to compound is identified in each table.
Compounding without permission of court
Under Section 359(1) BNSS, specified offences can be compounded by the person named in the first statutory table. Examples include voluntarily causing hurt (BNS Section 115(2)) by the injured person and theft (BNS Section 303(2)) by the owner of the stolen property. A written compromise and an appropriate filing before the court help establish the settlement and its legal effect. Separate leave requirements can still apply at particular procedural stages under Section 359(5).
Compounding with permission of court
Under Section 359(2), specified offences may be compounded only with permission of the court before which the prosecution is pending. Examples include voluntarily causing grievous hurt (BNS Section 117(2)), criminal breach of trust (BNS Section 316(2)) and cheating involving dishonest inducement to deliver property (BNS Section 318(4)). The court may examine the identity of the authorised person and whether consent is genuine and voluntary.
Important rules under Section 359 BNSS
- Sub-section (3): Compounding can extend to certain abetments, attempts and specified forms of liability where the underlying offence is compoundable.
- Sub-section (4): Where the authorised person is a child or of unsound mind, a competent representative may compound with court permission. After the person's death, the legal representative may compound with the court's consent.
- Sub-section (5): If the accused has been committed for trial, or convicted and an appeal is pending, leave of the relevant court is required.
- Sub-section (6): The High Court or Court of Session exercising revision powers may permit compounding as provided by law.
- Sub-section (7): Compounding is barred where a previous conviction exposes the accused to enhanced or different punishment for that offence.
- Sub-section (8): Valid compounding has the effect of acquittal of the accused concerned.
- Sub-section (9): No offence may be compounded except as permitted by the section.
How to apply for compounding
- Identify the correct BNS or IPC offence and whether the applicable statutory table permits compounding.
- Identify the person legally authorised to compound and obtain their voluntary agreement.
- Prepare a compromise deed or joint application with case particulars and settlement terms.
- Seek court permission where Section 359(2), (4) or (5) requires it.
- Obtain the appropriate court order recording lawful compounding and its consequence.
A settlement does not automatically create a right to compensation; any compensation or restitution depends on the agreement or a separate legal basis.
Selected compoundable offences under current BNSS
| Offence | BNS section | Person authorised | Court permission |
|---|---|---|---|
| Voluntarily causing hurt | 115(2) | Person hurt | Not ordinarily |
| Wrongful restraint | 126(2) | Person restrained | Not ordinarily |
| Theft | 303(2) | Owner of stolen property | Not ordinarily |
| Defamation (ordinary cases) | 356(2) | Person defamed | Not ordinarily |
| Voluntarily causing grievous hurt | 117(2) | Person hurt | Yes |
| Criminal breach of trust | 316(2) | Owner of affected property | Yes |
| Cheating and dishonestly inducing delivery of property | 318(4) | Person cheated | Yes |
For the complete and authoritative list, including all qualifications, consult the official BNSS text on India Code, Section 359 and the Ministry of Home Affairs criminal laws page.
Historical reference: compoundable IPC offences under CrPC Section 320
The following two tables preserve the original article's IPC reference material for older cases governed by the CrPC. They are not current BNS offence lists. Individual entries may be affected by subsequent amendments, judicial decisions or repeal; notably, adultery under former IPC Section 497 was struck down by the Supreme Court in 2018 and is excluded here. Consult the applicable official statute before relying on any historical entry.
Historical table: offences generally compoundable without court permission
| Offence compoundable | Who can compound | Section |
|---|---|---|
| Uttering words, etc., with deliberate intent to wound the religious feelings of any person. | The person whose religious feelings are intended to be wounded. | 298 |
| Voluntarily causing hurt | The person to whom the hurt is caused | 323 |
| Voluntarily causing hurt on provocation | The person to whom the hurt is caused | 334 |
| Voluntarily causing grievous hurt on grave and sudden provocation. | The person to whom the hurt is caused | 335 |
| Wrongfully restraining or confining any person | The person restrained or confined | 341, 342 |
| Wrongfully confining a person for 3 days or more | The person confined | 343 |
| Wrongfully confining a person for 10 days or more | The person confined | 344 |
| Wrongfully confining a person in secret | The person confined | 346 |
| Assault or use of criminal force | The person assaulted or to whom criminal force is used | 352, 355, 358 |
| Theft | The owner of the property stolen | 379 |
| Dishonest misappropriation of property | The owner of the property misappropriated | 403 |
| Criminal breach of trust by a carrier, wharfinger etc | The owner of the property in respect of which breach of trust has been committed | 407 |
| Dishonestly receiving stolen property known to be stolen | The owner of the property stolen | 411 |
| Assisting in the concealment of stolen property knowing it to be stolen | The owner of the stolen property | 414 |
| Cheating | The person cheated | 417 |
| Cheating by personation | The person cheated | 419 |
| Fraudulent removal or concealment of property, etc., to prevent distribution among creditors | Creditors who are affected thereby | 421 |
| Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. | Creditors who are affected thereby | 422 |
| Fraudulent execution of deed of transfer containing false statement of consideration. | The person affected thereby | 423 |
| Fraudulent removal or concealment of property | The person affected thereby | 424 |
| Mischief, when the only loss or damage caused is loss or damage to a private person. | The person to whom the loss or damage is caused | 426, 427 |
| Mischief by killing or maiming animal | The owner of the animal | 428 |
| Mischief by killing or maiming cattle, etc | The owner of the cattle or animal | 429 |
| Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person. | The person to whom loss or damage is caused | 430 |
| Criminal tress pass | The person in possession of the property tress passed upon | 447 |
| House tress pass | The person in possession of the property tress passed upon | 448 |
| House-trespass to commit an offence (other than theft) punishable with imprisonment. | The person in possession of the house trespassed upon | 451 |
| Using a false trade or property mark | The person to whom loss or injury is caused by such use | 482 |
| Counterfeiting a trade or property mark used by another. | The person to whom loss or injury is caused by such use | 483 |
| Knowingly selling, or exposing or possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. | The person to whom loss or injury is caused by such use | 486 |
| Criminal breach of contract of service | The person with whom the offender has contracted | 491 |
| Enticing or taking away or detaining with criminal intent a married woman. | The husband of the woman and woman | 498 |
| Defamation, except such cases as are specified against section 500 of the Indian Penal Code (45 of 1860) in column 1 of the Table under sub-section (2) | The person defamed | 500 |
| Printing or engraving matter | The person defamed | 501 |
| Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter | The person defamed | 502 |
| Insult intended to provoke a breach of the peace | The person insulted | 504 |
| Criminal intimidation | The person intimidated | 506 |
| Inducing person to believe himself an object of divine displeasure | The person induced | 508 |
Historical table: offences requiring court permission
| Compoundable Offence | Who can compound | Section |
|---|---|---|
| Causing Miscarriage | The woman whom miscarriage is caused | 312 |
| Voluntarily causing grievous hurt | The person to whom hurt is caused | 325 |
| Causing hurt by doing an act so rashly and negligently as to safety of others | The person to whom hurt is caused | 337 |
| Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others | The person to whom hurt is caused | 338 |
| Assault or criminal force in attempting wrongfully to confine a person. | The person assaulted or to whom the force was used | 357 |
| Theft, by clerk or servant of property in possession of master | The owner of the property stolen | 381 |
| Criminal Breach of Trust | The owner of property in respect of which breach of trust has been committed | 406 |
| Criminal Breach of Trust by a clerk or servant | The owner of the property in respect of which the breach of trust has been committed | 408 |
| Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect | The person cheated | 418 |
| Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security | The person cheated | 420 |
| Marrying again during the life time of husband or wife | The husband or wife of the person so marrying | 494 |
| Defamation against the President or the 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 | The person defamed | 500 |
| 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 | The woman whom it was intended to insult or whose privacy was intruded upon | 509 |
Compounding compared with quashing
Statutory compounding is confined to offences expressly listed by the applicable provision. Quashing of criminal proceedings by a High Court on the basis of settlement is a separate judicial power, subject to established principles and the seriousness and public impact of the alleged offence. A private compromise does not automatically terminate prosecution for a non-compoundable offence.
Official legal sources
Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF | India Code statutory database | Ministry of Home Affairs - New Criminal Laws
Related judgments and legal resources
- Hindu Marriage Act Case laws
- Divorce Act Case Laws
- Domestic Violence Act Citations
- 125 CRPC Case Laws and Citations
- Section 498A IPC Case Laws
- CRPC - Code of Criminal Procedure
- CPC Important citations, case laws
- Indian Penal Code Case Laws
- Perjury Case laws and citations
- Maintenance case decision favouring husbands
General legal information only. The applicable law and court procedure depend on the case and date of proceedings.