Compounding of offences

Section 320 Compounding of offences

(1) The offences punishable under the sections of the Indian Penal Code 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

Section of the Indian Offence Penal Code Person by whom offence applicable may be compounded

1 2 3

Uttering words, etc., with 298 The person whose reli- deliberate intent to wound gious feelings are in- the religious feelings of tended to be compoun- any person. ded.

Causing hurt------------- 323, 334 The person to whom the hurt is caused.

Wrongfully restraining or 341, 342 The person restrained or confining any person. confined.

Assault or use of criminal 352, 355, 358 The person assaulted or force. to whom criminal force is used.

Mischief, when the only loss 426, 427 The person to whom the

or damage caused is loss or loss or damage is caused. damage to a private person.

Criminal trespass------------- 447 The person in possession of the property tre- spassed upon.

House-trespass----------- 448 Ditto.

Criminal breach of contract 491 The person with whom the of service. offender has contracted.

Adultery---------------- 497 The husband of the woman.

Enticing or taking away or 498 Ditto. detaining with criminal in- tent a married woman.

[Defamation, except such 500 The person defamed. cases as are specified against section 500 of the Indian Penal Code in column 1 of the Table under sub-section (2).]

Printing or engraving matter, 501 Ditto. knowing it to be defamatory.

Sale of printed or engraved 502 Ditto. substance containing defa- matory matter, knowing it to contain such matter.

Subs. by Act 45 of 1978, s. 25, for "defamation" (w. e. f. 18- 12-1978).

Section of the Indian Offence Penal Code Person by whom offence applicable may be compounded

1 2 3

Insult intended to provoke 504 The person insulted. a breach of the peace.

Criminal intimidation except 506 The person intimidated. when the offence is punish- able with imprisonment for seven years.

Act caused by making a person 508 The person against whom believe that he will be an the offence was commi- object of divine displeasure. tted.

(2) The offences punishable under the sections of the Indian Penal (45 of 1860) Code 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

Section of the Indian Offence Penal Code Person by whom offence applicable may be compounded

1 2 3

Voluntarily causing hurt by 324 The person to whom hurt dangerous weapons or means. is caused.

Voluntarily causing grievous 325 Ditto. hurt.

Voluntarily causing grievous 335 Ditto. hurt on grave and sudden provocation.

Causing hurt by doing an act 337 Ditto, so rashly and negligently as to endanger human life or the personal safety of others.

Causing grievous hurt by 338 Ditto. doing an act so rashly and negligently as to endanger human life or the personal safety of others.

Wrongfully confining a person 343 The person confined. for three days or more.

Section of the Indian Offence Penal Code Person by whom offence applicable may be compounded

1 2 3 Wrongfully confining for ten 344 The person confined. or more days.

Wrongfully confining a person 346 Ditto. in secret.

Assault or criminal force to 354 The woman assulted to woman with intent to outrage whom the criminal force her modesty. was used.

Assault or criminal force in 357 The person assaulted or attempting wrongfully to con- to whom the force was fine a person. used.

Theft, where the value of 379 The owner of the pro- property stolen does not perty stolen. exceed two hundred and fifty rupees.

Theft, by clerk or servant 381 Ditto. of property in possession of master, where the value of the property stolen does not exceed two hundred and fifty rupees.

Dishonest misappropriation 403 The owner of the property of property misappropriated.

Criminal breach of trust, 406 The owner of the property where the value of the pro- in respect of which the perty does not exceed two breach of trust has been hundred and a fifty rupees. committed.

Criminal breach of trust, 407 Ditto. by a carrier, wharfinger, etc., where the value of the property does not exc- eed two hundred and afifty rupees.

Criminal breach of trust by 408 Ditto. a clerk or servant, where the value of the property does not exceed two hundred and fifty rupees.

Dishonestly, receiving 411 The owner of the property stolen property, knowing stolen. it to be stolen, when the value of the stolen pro- perty does not exceed two hundred and fifty rupees.

Assuming in the concealment 414 Ditto. or disposal of stolen pro- perty, knowing it to be stolen, where the value of the stolen property does not exceed two hundred and fifty rupees.

Cheating. --------- 417 The person cheated.

Cheating a person whose in- 418 Ditto. terest the offender was bound, either by law or by legal contract, to protect.

Section of the Indian Offence Penal Code Person by whom offence applicable may be compounded

1 2 3

Cheating by personation 419 The person cheated.

Cheating and dishonestly in- 420 Ditto. ducing delivery of property or the making alternation or distruction of a valuable security.

Fraudulent removal over 421 The creditors who are concealment of property, affected thereby. etc., to prevent distribution among creditors.

Fraudulently preventing from 422 Ditto. being made available for his creditors a debt or demand due to the offender.

Fraudulent execution of deed 423 The person affacted of transfer containing false thereby. statement of consideration.

Fraudulent removal or con- 424 Ditto. cealment of property.

Mischief by killing or mai- 428 The owner of the animal. ming animal of the value of ten rupees or upwards.

Mischief by killing or mai- 429 The owner of the cattle ming cattle, etc., of any or animal. value or any other animal of the value of fifty rupees or upwards.

Mischief by injury to work of 430 The person to whom the

irrigation by wrongfuly diver- the loss or damage is ting water when the only loss caused. or damage caused is loss or damage to a private person.

House-trespass to commit an 451 The person in possession offence (other than theft) of the house trespassed punishable with imprisonment. upon.

Using a false trade or pro- 482 The person to whom loss perty mark or injury is caused by such use.

Counterfeiting a trade or 483 The person whose trade or property mark used by anot- property mark is counter- her. feited.

Knowingly selling, or expo- 486 Ditto. sing or possessing for sale or for manufacturing purpose, goods marked with a counter- feit property mark.

Marrying again during the 494 The husband or wife of lifetime of a husband or wife. the person so marrying.

Section of the Indian Offence Penal Code Person by whom offence applicable may be compounded

1 2 3

Defamation against the Presi- 500 The person defamed. dent or the Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor.

Uttering words or sounds or 509 The woman whom it was making gestures or exhibiting intended to insult or any object intending to insult whose privacy was intru- the modesty of a woman or in- ded upon. truding upon the privacy of

a woman.

(3) When any 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) may be compounded in like manner.

(4) (a) When the person who would otherwise be competent to com- pound 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.