Compounding of offences

Section 320 of Code of Criminal Procedure, 1973 deals with compounding of offences. 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 Indian Penal Person by whom offence may be com

(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 Indian Penal Person by whom offence may be compounded Code applicable Uttering words, etc., with deliberate 298 intent to wound the religious feelings of any person. Voluntarily causing hurt. 323 The person whose religious feelings are intended to be wounded. The person to whom the hurt is caused. Ditto. Voluntarily causing hurt on provocation. Voluntarily causing grievous hurt 335 on grave and sudden provocation. The person to whom the hurt is caused. Wrongfully restraining or confining 341, any person. The person restrained or confined. Wrongfully confining a person for 343 three days or more Wrongfully confining a person for 344 ten days or more. Wrongfully confining a person in 346 secret. Assault or use of criminal force. 352, 355, The person assaulted or to whom criminal force is used. Theft. Dishonest misappropriation of 403 property. The owner of the property stolen. The owner of the property misappropriated. Criminal breach of trust by a carrier, 407 wharfinger, etc. The owner of the property in respect 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 1. Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31-12-2009). and continued or ce The person confined. disposal of stolen property, knowing it to be stolen. Cheating. The person cheated. Cheating by personation. 419 Fraudulent removal or concealment 421 of property, etc., to prevent The creditors who are affected thereby. distribution among creditors. Fraudulently preventing from being 422 made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of 423 transfer containing false statement of consideration. The person affected thereby. Fraudulent removal or concealment 424 of property. e Mischief, when the only loss or 426, damage caused is loss or damage to 427 a private person. Mischief by killing or maiming 428 The owner of the animal. animal. Mischief by killing or maiming 429 The owner of the cattle or animal. cattle, etc. Mischief by injury to works of 430 The person to whom the loss or damage is caused. water when the only loss or damage caused is loss or damage to private person. Criminal trespass. 447 The person in possession of the property trespassed upon. House-trespass. 448 House-trespass to commit an 451 The person in possession of the house trespassed upon. offence (other than theft) punishable with imprisonment. Using a false trade or property 482 The person to whom loss or injury is mark. caused by such use. Counterfeiting a trade or property 483 mark used by another. Knowingly selling, or exposing or 486 The person to whom the loss or damage is caused. irrigation by wrongfully diverting possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. Criminal breach of contract of 491 service. The person with whom the offender has contracted. Adultery. The husband of the woman. The husband of the woman and the Enticing or taking away or detaining498 with criminal intent a married woman woman. Defamation, except such cases as 500 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. ndiaCode Printing or engraving matter, 501 knowing it to be defamatory. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach 504 The person insulted. of the peace. Criminal intimidation. The person intimidated. Inducing person to believe himself 508 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 Indian Penal Person by whom offence may be compounded Code applicable Causing miscarriage. 312 The woman to whom miscarriage is caused . Voluntarily causing grievous hurt. 325 The person to whom hurt is caused. Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an 338 act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempt-357 ting wrongfully to confine a person. Theft, by clerk or servant of 381 The owner of the property stolen. property in possession of master. Criminal breach of trust 406 The owner of property in respect of which breach of trust has been committed. The owner of the property in respect of which the breach of trust has been committed. The person cheated. The person cheated. Marrying again during the life-time 494 of a husband or wife. The husband or wife of the person so marrying.

1. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009). The person assaulted de or to whom the force was used. Criminal breach of trust by a clerk 408 or servant. Cheating a person whose interest 418 the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing 420 delivery of property or the making, alteration or destruction of a valuable security. The person defamed. 3 Defamation against the President or the 500 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. 509 The woman whom it was intended to insult or whose privacy was intruded upon.] [(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. E (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.

Section 320, Code of Criminal Procedure, 1973 (Act 2 of 1974).