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Compounding of offences

Compounding of offences  :

 Section – 320 . (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 Code applicable Person by whom offence may be compounded
1 2 3
Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 298 The person whose religious feelings are intended to be wounded.
Voluntarily causing hurt. 323 The person to whom the hurt is caused.
Voluntarily causing hurt on provocation. 334 Ditto
Voluntarily causing grievous hurt on grave and sudden provocation. 335 The person to whom the hurt is caused.
Wrongfully restraining or confining any person. 341, 342 The person restrained or confined.
Wrongfully confining a person for three days or more 343 The person confined.
Wrongfully confining a person for ten days or more. 344 Ditto.
Wrongfully confining a person in secret. 346 Ditto.
Assault or use of criminal force. 352, 355, 358 The person assaulted or to whom criminal force is used.
Theft. 379 The owner of the property stolen.
Dishonest misappropriation of property. 403 The owner of the property misappropriated.
Criminal breach of trust by a carrier, wharfinger, etc. 407 The owner of the property in respect of which the breach of trust has been committed.
Dishonestly receiving stolen property knowing it to be stolen. 411 The owner of the property stolen.
Assisting in the concealment or disposal of stolen property, knowing it to be stolen. 414 Ditto.
Cheating. 417 The person cheated.
Cheating by personation. 419 Ditto.
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. 421 The creditors who are affected thereby.
Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. 422 Ditto.
Fraudulent execution of deed of transfer containing false statement of consideration. 423 The person affected thereby.
Fraudulent removal or concealment of property. 424 Ditto.
Mischief, when the only loss or damage caused is loss or damage to a private person. 426, 427 The person to whom the loss or damage is caused.
Mischief by killing or maiming animal. 428 The owner of the animal.
Mischief by killing or maiming cattle, etc. 429 The owner of the cattle or animal.
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. 430 The person to whom the loss or damage is caused.
Criminal trespass. 447 The person in possession of the pro-perty trespassed upon.
House-trespass. 448 Ditto.
House-trespass to commit an offence (other than theft) punishable with imprisonment. 451 The person in-possession of the house trespassed upon.
Using a false trade or property mark. 482 The person to whom loss or injury is caused by such use.
Counterfeiting a trade or property mark used by another. 483 Ditto.
Knowingly selling, or exposing or possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. 486 Ditto.
Criminal breach of contract of service. 491 The person with whom the offender has contracted.
Adultery. 497 The husband of the woman.
Enticing or taking away or detaining with criminal intent a married woman. 498 The husband of the woman and the woman
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). 500 The person defamed.
Printing or engraving matter, knowing it to be defamatory. 501 Ditto.
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. 502 Ditto.
Insult intended to provoke a breach of the peace. 504 The person insulted.
Criminal intimidation. 506 The person intimidated.
Inducing person to believe himself an object of divine displeasure. 508 The person induced.]

(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 Code applicable Person by whom offence may be compounded
1 2 3
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. 337 Ditto.
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. 338 Ditto.
Assault or criminal force in attempting wrongfully to confine a person. 357 The person assaulted or to whom the force was used.
Theft, by clerk or servant of property in possession of master. 381 The owner of the property stolen.
Criminal breach of trust 406 The owner of property in respect of which breach of trust has been committed.
Criminal breach of trust by a clerk or servant. 408 The owner of the property in respect of which the breach of trust has been committed.
Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. 418 The person cheated.
Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. 420 The person cheated.
Marrying again during the life-time of a husband or wife. 494 The husband or wife of the person so marrying.
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. 500 The person defamed.
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.

(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 AMENDMENTS

MADHYA PRADESH

Section 320

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

 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)
Rioting 147 The 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 weapon. 148 The 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 words 294 The person against whom obscene acts were done or obscene words were used.”.
 Vide Madhya Pradesh Act No. 17 of 1999
 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 cause death or grievous hurt, etc. Part II of section 506 The person against whom the offence of criminal intimidation was committed.”.
 Vide Madhya Pradesh Act No. 17 of 1999

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