Section 359

(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: — TABLE Offence Section of the Bharatiya Nyaya Person by whom offence Sanhita, 2023 applicable may be compounded 1 2 3 Enticing or taking away or 84 The husband of the woman detaining with criminal intent a and the woman. married woman. Voluntarily causing hurt. 115(2) The person to whom the hurt is caused. Voluntarily causing hurt on 122(1) The person to whom the hurt provocation. is caused. Voluntarily causing grievous hurt 122(2) The person to whom the hurt on grave and sudden provocation. is caused. Wrongfully restraining or 126(2), 127(2) The person restrained or confining any person. confined. Wrongfully confining a person for 127(3) The person confined. three days or more. Wrongfully confining a person for 127(4) T he person confined. ten days or more. Wrongfully confining a person in 127(6) The person confined. secret. Assault or use of criminal force. 131,133,136 The person assaulted or to whom criminal force is used. Uttering words, etc., with 302 The person whose religious deliberate intent to wound the feelings are intended to be religious feelings of any person. wounded. Theft. 303(2) The owner of the property stolen. Dishonest misappropriation of 314 The owner of the property property. misappropriated. Criminal breach of trust by a 316(3) The owner of the property in carrier, wharfinger, etc. respect of which the breach of trust has been committed.§

1 2 3 Dishonestly receiving stolen property knowing it to 317(2) The owner of the property stolen. be stolen. Assisting in the concealment or disposal of stolen 317(5) The owner of the property stolen. property, knowing it to be stolen. Cheating. 318(2) The person cheated. Cheating by personation. 319(2) The person cheated. Fraudulent removal or concealment of property, 320 The creditors who are affected etc., to prevent distribution among creditors. thereby. Fraudulently preventing from being made available 321 The creditors who are affected for his creditors a debt or demand due to the thereby. offender. Fraudulent execution of deed of transfer containing 322 The person affected thereby. false statement of consideration. Fraudulent removal or concealment of property. 323 The person affected thereby. Mischief, when the only loss or damage caused is 324(2), 324(4) The person to whom the loss or loss or damage to a private person. damage is caused. Mischief by killing or maiming animal. 325 The owner of the animal. Mischief by injury to works of irrigation by 326(a) The person to whom the loss or wrongfully diverting water when the only loss or damage is caused. 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 commit an offence (other than 332(c) The person in possession of the theft) punishable with imprisonment. house trespassed upon. Using a false trade or property mark. 345(3) The person to whom loss or injury is caused by such use. Counterfeiting a property mark used by another. 347(1) The person to whom loss or injury is caused by such use.§

1 2 3 Selling goods marked with a counterfeit property 349 The person to whom loss or injury is mark. caused by such use. Criminal intimidation. 351(2), 351(3) The person intimidated. Insult intended to provoke a breach of peace. 352 The person insulted. Inducing person to believe himself an object of 354 The person induced. divine displeasure. Defamation, except such cases as are specified 356(2) 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 356(3) The person defamed. defamatory. Sale of printed or engraved substance containing 356(4) The person defamed. defamatory matter, knowing it to contain such matter. Criminal breach of contract of service. 357 The person with whom the offender 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:.— Table Offence Section of the Person by whom offence may Bharatiya Nyaya be compounded Sanhita applicable 1 2 3 Word, gesture or act intended to insult the 79 The woman whom it was modesty of a woman. intended to insult or whose privacy was intruded upon. Marrying again during the life-time of a 82(1) The husband or wife of the husband or wife. person so marrying. Causing miscarriage. 88 The woman to whom miscarriage is caused. Voluntarily causing grievous hurt. 117(2) The person to whom hurt is caused.§

1 2 3 Causing hurt by doing an act so rashly and 125(a) The person to whom hurt is negligently as to endanger human life or caused. the personal safety of others. Causing grievous hurt by doing an act so 125(b) The person to whom hurt is rashly and negligently as to endanger caused. human life or the personal safety of others. Assault or criminal force in attempting 135 The person assaulted or to wrongfully to confine a person. whom the force was used. Theft, by clerk or servant of property in 306 The owner of the property possession of master. stolen. Criminal breach of trust. 316(2) The owner of the property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk or 316(4) The owner of the property in servant. respect of which the breach of trust has been committed. Cheating a person whose interest the 318(3) The person cheated. offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing delivery 318(4) The person cheated. of property or the making, alteration or destruction of a valuable security. Defamation against the President or the 356(2) 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;§

(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 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.§