Law Maker

CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 320: Compounding of offences

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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:—

1[TABLE

OffenceSection of thePerson by whom offence
Indian Penalmay be compounded
Code applicable
123
Uttering words, etc., with deliberate298The person whose religious feelings
intent to wound the religiousare intended to be wounded.

feelings of any person.

Voluntarily causing hurt.323The person to whom the hurt is

caused.

Voluntarily causing hurt on334Ditto.
provocation.
Voluntarily causing grievous hurt335The person to whom the hurt is
on grave and sudden provocation.caused.
Wrongfully restraining or confining341,The person restrained or confined.
any person.342
Wrongfully confining a person for343The person confined.
three days or more
Wrongfully confining a person for344Ditto.
ten days or more.
Wrongfully confining a person in346The person confined.
secret.
Assault or use of criminal force.352,The person assaulted or to whom
355,criminal force is used.
Theft.379The owner of the property stolen.
Dishonest misappropriation of403The owner of the property
property.misappropriated.
Criminal breach of trust by a carrier,407The owner of the property in respect
wharfinger, etc.of which the breach of trust has been

committed.

Dishonestly receiving stolen411The owner of the property stolen.
property knowing it to be stolen.
123
Assisting in the concealment or414Ditto.
disposal of stolen property, knowing
it to be stolen.
Cheating.417The person cheated.
Cheating by personation.419Ditto.
Fraudulent removal or concealment421The creditors who are affected
of property, etc., to preventthereby.
distribution among creditors.
Fraudulently preventing from being422Ditto.
made available for his creditors a
debt or demand due to the offender.
Fraudulent execution of deed of423The person affected thereby.
transfer containing false statement
of consideration.
Fraudulent removal or concealment424Ditto.
of property.
Mischief, when the only loss or426,The person to whom the loss or
damage caused is loss or damage to427damage is caused.
a private person.
Mischief by killing or maiming428The owner of the animal.
animal.
Mischief by killing or maiming429The owner of the cattle or animal.
cattle, etc.
Mischief by injury to works of430The person to whom the loss or
irrigation by wrongfully divertingdamage is caused.
water when the only loss or damage
caused is loss or damage to private
person.
123
Criminal trespass.447The person in possession of the property trespassed upon.
House-trespass.448Ditto.
House-trespass to commit an451The person in possession of the
offence (other than theft) punishablehouse trespassed upon.
with imprisonment.
Using a false trade or property482The person to whom loss or injury is
mark.caused by such use.
Counterfeiting a trade or property483Ditto.
mark used by another.
Knowingly selling, or exposing or486Ditto.
possessing for sale or for
manufacturing purpose, goods
marked with a counterfeit property
mark.
Criminal breach of contract of491The person with whom the offender
service.has contracted.
Adultery.497The husband of the woman.
Enticing or taking away or detaining498The husband of the woman and the
with criminal intent a marriedwoman
woman.
Defamation, except such cases as500The 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,501Ditto.
knowing it to be defamatory.
Sale of printed or engraved502Ditto.
substance containing defamatory
matter, knowing it to contain such
matter.
Insult intended to provoke a breach504The person insulted.
of the peace.
Criminal intimidation.506The person intimidated.
Inducing person to believe himself508The 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:—

2[TABLE

OffenceSection of thePerson by whom offence
Indian Penalmay be compounded
Code applicable
123
Causing miscarriage.312The woman to whom miscarriage is caused .
Voluntarily causing grievous hurt.325The person to whom hurt is caused.
Causing hurt by doing an act so337Ditto.

rashly and negligently as to

endanger human life or the personal

safety of others.

Causing grievous hurt by doing an338Ditto.
act so rashly and negligently as to
endanger human life or the personal
safety of others.
Assault or criminal force in attempt-357The person assaulted or to whom
ting wrongfully to confine a person.the force was used.
Theft, by clerk or servant of381The owner of the property stolen.
property in possession of master.
Criminal breach of trust406The owner of property in respect of
which breach of trust has

been committed.

Criminal breach of trust by a clerk408The owner of the property in respect
or servant.of which the breach of trust has been

committed.

Cheating a person whose interest418The person cheated.
the offender was bound, either by
law or by legal contract, to protect.
Cheating and dishonestly inducing420The person cheated.
delivery of property or the making,
alteration or destruction of a valuable
security.
Marrying again during the life-time494The husband or wife of the person so marrying.
of a husband or wife.
123
Defamation against the President or the 500The 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 making509The woman whom it was intended to
gestures or exhibiting any objectinsult or whose privacy was intruded
intending to insult the modesty of aupon.]
woman or intruding upon the privacy
of a woman.

3[(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.

State Amendment (as printed in the official text)

Madhya Pradesh

Amendment of Section 320.—In the table below sub-section (2) of Section 320 of the principal Act,-

(i) in column first, second and third, before section 324 and entries relating thereto, the following sections and entries relating thereto shall be inserted, namely:—

“(1) (2) (3)

Rioting147The person against whom the force or violence is used at the time of committing an offence:

Provided that the accused is not

charged with other offence which is not compoundable.

Rioting armed with deadly weapon148The person against whom the force or violence is used at the time of committing an offence:

Provided that the accused is not

charged with other offence which is not compoundable.

Obscene acts or use of obscene words294The person against whom obscene acts were done or obscene words were used.”.

(ii) in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating thereto shall be inserted, namely:—

“(1) (2) (3)

Criminal intimidation if threat to be caused death or grievous hurt, etc.Part II of Section 506The person against whom the offence of Criminal Intimidation was committed.”.

[Vide Madhya Pradesh 17 of 1999, s. 3.]

Footnotes in the official text

  1. 1.Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31-12-2009).
  2. 2.Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009).
  3. 3.Subs. by Act 5 of 2009, s. 23, for sub-section (3) (w.e.f. 31-12-2009).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

320. Compounding of offences.BNSS 359

Questions on this section

4 questions in 8 of our papers cite Section 320.

Practise questions on Criminal Law