Section 359 BNSS: Compounding of offences
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 359 BNSS at a Glance
Section 359 BNSS deals with compounding of offences. It replaced Section 320 CrPC on 1 July 2024. Popularly called compounding. The table drops adultery, which the BNS does not make an offence.
Section 359 BNSS Bare Act Text
(1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 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:—
Enticing or taking away or detaining with criminal intent a married woman. | 84 | The husband of the woman and the woman.
Voluntarily causing hurt. | 115(2) | The person to whom the hurt is caused.
Voluntarily causing hurt on provocation. | 122(1) | The person to whom the hurt is caused.
Voluntarily causing grievous hurt on grave and sudden provocation. | 122(2) | The person to whom the hurt is caused.
Wrongfully restraining or confining any person. | 126(2), 127(2) | The person restrained or confined.
Wrongfully confining a person for three days or more. | 127(3) | The person confined.
Wrongfully confining a person for ten days or more. | 127(4) | The person confined.
Wrongfully confining a person in secret. | 127(6) | The person confined.
Assault or use of criminal force. | 131, 133,136 | The person assaulted or to whom criminal force is used.
Uttering words, etc., with deliberate intent to wound the religious feelings of any person. | 302 | The person whose religious feelings are intended to be wounded.
Theft. | 303(2) | The owner of the property stolen.
Dishonest misappropriation of property. | 314 | The owner of the property misappropriated.
Criminal breach of trust by a carrier, wharfinger, etc. | 316(3) | 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. | 317(2) | The owner of the property stolen.
Assisting in the concealment or disposal of stolen property, knowing it to be stolen. | 317(5) | The owner of the property stolen.
Cheating. | 318(2) | The person cheated.
Cheating by personation. | 319(2) | The person cheated.
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. | 320 | The creditors who are affected thereby.
Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. | 321 | The creditors who are affected thereby.
Fraudulent execution of deed of transfer containing false statement of consideration. | 322 | The person affected thereby.
Fraudulent removal or concealment of property. | 323 | The person affected thereby.
Mischief, when the only loss or damage caused is loss or damage to a private person. | 324(2), 324(4) | The person to whom the loss or damage is caused.
Mischief by killing or maiming animal. | 325 | The owner of the 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. | 326(a) | The person to whom the loss or damage is caused.
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 theft) punishable with imprisonment. | 332(c) | The person in possession of the 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.
Selling goods marked with a counterfeit property mark. | 349 | The person to whom loss or injury is 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 divine displeasure. | 354 | The person induced.
Defamation, except such cases as are specified against section 356(2) of the Bharatiya Nyaya Sanhita, 2023, column 1 of the Table under sub-section (2). | 356(2) | The person defamed.
Printing or engraving matter, knowing it to be defamatory. | 356(3) | The person defamed.
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. | 356(4) | The person defamed.
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 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:—
Word, gesture or act intended to insult the modesty of a woman. | 79 | The woman whom it was intended to insult or whose privacy was intruded upon.
Marrying again during the life-time of a husband or wife. | 82(1) | The husband or wife of the 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.
Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 125(a) | The person to whom hurt is caused.
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 125(b) | The person to whom hurt is caused.
Assault or criminal force in attempting wrongfully to confine a person. | 135 | The person assaulted or to whom the force was used.
Theft, by clerk or servant of property in possession of master. | 306 | The owner of the property 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 servant. | 316(4) | 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. | 318(3) | The person cheated.
Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. | 318(4) | The person cheated.
Defamation against the President or the 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. | 356(2) | The person defamed.
(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, 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 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.
Source: Section 359, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 359 BNSS in Simple Words
Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists the offences under the Bharatiya Nyaya Sanhita, 2023 that may be compounded and names the person who may compound each offence. The composition of an offence under Section 359 BNSS has the effect of an acquittal of the accused with whom the offence has been compounded.
Section 359 BNSS sets out two tables. Offences in the table under Section 359(1) BNSS may be compounded by the person mentioned in the third column, while offences in the table under Section 359(2) BNSS may be compounded by that person only with the permission of the Court before which the prosecution for the offence is pending.
When Section 359 BNSS Applies
- Under Section 359(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the offences under the Bharatiya Nyaya Sanhita, 2023 listed in the first table may be compounded by the person mentioned in the third column of that table, without the permission of the Court.
- For the offences under the Bharatiya Nyaya Sanhita, 2023 listed in the table in Section 359(2) BNSS, the person named in the third column may compound the offence with the permission of the court before which the prosecution is pending.
- When an offence is compoundable under Section 359 BNSS, the abetment of that offence, an attempt to commit it when the attempt is itself an offence, or liability under Section 3(5) or Section 190 of the Bharatiya Nyaya Sanhita, 2023 may be compounded in the same manner.
- If the person who would otherwise be competent to compound an offence under Section 359(4) BNSS is a child or of unsound mind, any person competent to contract on their behalf may compound it with the permission of the court, and if the competent person has died, their legal representative under the Code of Civil Procedure, 1908 may compound it with the consent of the court.
- When the accused has been committed for trial or has been convicted and an appeal is pending, Section 359(5) BNSS requires the leave of the court to which the accused is committed or before which the appeal is to be heard.
- Under Section 359(6) BNSS, a High Court or a Court of Session exercising its powers of revision under Section 442 BNSS may allow any competent person to compound a compoundable offence.
Example of Section 359 BNSS
When Section 359 BNSS Does Not Apply
- Under Section 359(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence shall not be compounded if a previous conviction makes the accused liable either to enhanced punishment or to a punishment of a different kind for that offence.
- Section 359(9) BNSS prohibits compounding any offence except in accordance with the provisions and tables set out in Section 359 BNSS.
- Offences listed in the table under Section 359(2) BNSS cannot be compounded without the permission of the court where the prosecution is pending, and under Section 359(5) BNSS no composition is allowed without the leave of the commitment or appellate court when the accused has been committed for trial or an appeal is pending after conviction.
Section 359 BNSS in the CrPC (Previous Law)
Section 359 BNSS replaced Section 320 CrPC from 1 July 2024.
Section 320 of the Code of Criminal Procedure, 1973 became Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with Section 320(1) CrPC through Section 320(9) CrPC in Section 359(1) BNSS through Section 359(9) BNSS. Changes of form replace Indian Penal Code citations in the two tables and in Section 359(3) BNSS with the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023, update the revision reference in Section 359(6) BNSS from Section 401 CrPC to Section 442 BNSS, and spell out each Ditto in the third column. The first table omits the entry for adultery under Section 497 IPC, as the Bharatiya Nyaya Sanhita, 2023 has no offence of adultery, and combines the entries for Sections 428 and 429 IPC into one entry for Section 325 BNS. Section 359(4)(a) BNSS replaces the words under the age of eighteen years or is an idiot or a lunatic with a child or of unsound mind.
Each sub-section below names its own source.
FAQs on Section 359 BNSS
Which offences can be compounded without court permission under Section 359 BNSS?▼
Under Section 359(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the offences under the Bharatiya Nyaya Sanhita, 2023 listed in the first table may be compounded without court permission by the person mentioned in the third column. These include voluntarily causing hurt under Section 115(2) BNS, theft under Section 303(2) BNS, dishonest misappropriation of property under Section 314 BNS, cheating under Section 318(2) BNS, and criminal trespass under Section 329(3) BNS.
What is the effect of compounding an offence under Section 359 BNSS?▼
Under Section 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the composition of an offence has the effect of an acquittal of the accused with whom the offence has been compounded. Whether the offence is compounded by the person mentioned in the third column under Section 359(1) BNSS or with the required permission or leave of the court under Section 359 BNSS, the composition acquits that accused.
Who may compound an offence under Section 359 BNSS if the competent person is a child, of unsound mind, or dead?▼
Under Section 359(4)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the person who would otherwise be competent to compound an offence is a child or of unsound mind, any person competent to contract on their behalf may compound the offence with the permission of the court. Under Section 359(4)(b) BNSS, if the competent person is dead, their legal representative as defined in the Code of Civil Procedure, 1908 may compound the offence with the consent of the court.
Can an offence be compounded under Section 359 BNSS if the accused has a previous conviction?▼
Under Section 359(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. In addition, Section 359(9) BNSS states that no offence shall be compounded except as provided by Section 359 BNSS.
What changed from Section 320 CrPC to Section 359 BNSS from 1 July 2024?▼
Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 320 of the Code of Criminal Procedure, 1973 from 1 July 2024. The tables cite sections of the Bharatiya Nyaya Sanhita, 2023 in place of the Indian Penal Code. The table under Section 359(1) BNSS has no entry for adultery, which was Section 497 IPC, as the Bharatiya Nyaya Sanhita, 2023 has no offence of adultery, and it covers mischief by killing or maiming an animal, Sections 428 and 429 IPC, in a single entry for Section 325 BNS. Section 359(4)(a) BNSS uses the words a child or of unsound mind, and Section 359(6) BNSS refers to revision under Section 442 BNSS.
Section 359 BNSS: Sub-sections Explained
Section 359(1) BNSS: Compounding of offences
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Bare Act Text
(1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 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:—
Enticing or taking away or detaining with criminal intent a married woman. | 84 | The husband of the woman and the woman.
Voluntarily causing hurt. | 115(2) | The person to whom the hurt is caused.
Voluntarily causing hurt on provocation. | 122(1) | The person to whom the hurt is caused.
Voluntarily causing grievous hurt on grave and sudden provocation. | 122(2) | The person to whom the hurt is caused.
Wrongfully restraining or confining any person. | 126(2), 127(2) | The person restrained or confined.
Wrongfully confining a person for three days or more. | 127(3) | The person confined.
Wrongfully confining a person for ten days or more. | 127(4) | The person confined.
Wrongfully confining a person in secret. | 127(6) | The person confined.
Assault or use of criminal force. | 131, 133,136 | The person assaulted or to whom criminal force is used.
Uttering words, etc., with deliberate intent to wound the religious feelings of any person. | 302 | The person whose religious feelings are intended to be wounded.
Theft. | 303(2) | The owner of the property stolen.
Dishonest misappropriation of property. | 314 | The owner of the property misappropriated.
Criminal breach of trust by a carrier, wharfinger, etc. | 316(3) | 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. | 317(2) | The owner of the property stolen.
Assisting in the concealment or disposal of stolen property, knowing it to be stolen. | 317(5) | The owner of the property stolen.
Cheating. | 318(2) | The person cheated.
Cheating by personation. | 319(2) | The person cheated.
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. | 320 | The creditors who are affected thereby.
Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. | 321 | The creditors who are affected thereby.
Fraudulent execution of deed of transfer containing false statement of consideration. | 322 | The person affected thereby.
Fraudulent removal or concealment of property. | 323 | The person affected thereby.
Mischief, when the only loss or damage caused is loss or damage to a private person. | 324(2), 324(4) | The person to whom the loss or damage is caused.
Mischief by killing or maiming animal. | 325 | The owner of the 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. | 326(a) | The person to whom the loss or damage is caused.
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 theft) punishable with imprisonment. | 332(c) | The person in possession of the 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.
Selling goods marked with a counterfeit property mark. | 349 | The person to whom loss or injury is 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 divine displeasure. | 354 | The person induced.
Defamation, except such cases as are specified against section 356(2) of the Bharatiya Nyaya Sanhita, 2023, column 1 of the Table under sub-section (2). | 356(2) | The person defamed.
Printing or engraving matter, knowing it to be defamatory. | 356(3) | The person defamed.
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. | 356(4) | The person defamed.
Criminal breach of contract of service. | 357 | The person with whom the offender has contracted.
Section 359(2) BNSS: Compounding of offences
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Bare Act Text
(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 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:—
Word, gesture or act intended to insult the modesty of a woman. | 79 | The woman whom it was intended to insult or whose privacy was intruded upon.
Marrying again during the life-time of a husband or wife. | 82(1) | The husband or wife of the 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.
Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 125(a) | The person to whom hurt is caused.
Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. | 125(b) | The person to whom hurt is caused.
Assault or criminal force in attempting wrongfully to confine a person. | 135 | The person assaulted or to whom the force was used.
Theft, by clerk or servant of property in possession of master. | 306 | The owner of the property 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 servant. | 316(4) | 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. | 318(3) | The person cheated.
Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. | 318(4) | The person cheated.
Defamation against the President or the 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. | 356(2) | The person defamed.
Section 359(3) BNSS: Compounding of offences
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Bare Act Text
(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, may be compounded in like manner.
Section 359(4) BNSS: Compounding of offences
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Bare Act Text
(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 of such person may, with the consent of the Court, compound such offence.
Section 359(5) BNSS: Compounding of offences
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Bare Act Text
(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.
Section 359(6) BNSS: Compounding of offences
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Bare Act Text
(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.
Section 359(7) BNSS: Compounding of offences
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Bare Act Text
(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.
Section 359(8) BNSS: Compounding of offences
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Bare Act Text
(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.
Section 359(9) BNSS: Compounding of offences
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Bare Act Text
(9) No offence shall be compounded except as provided by this section.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·