Section 320 CrPC: Compounding of offences
Code of Criminal Procedure, 1973
Section 320 CrPC at a Glance
Section 320 CrPC deals with compounding of offences. From 1 July 2024 it is replaced by Section 359 BNSS. Popularly called compounding. The table drops adultery, which the BNS does not make an offence.
What Section 320 CrPC Says
320. Compounding of offences
(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:—
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 | The person confined.
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 property 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:—
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.
Source: Section 320, Code of Criminal Procedure, 1973
Section 320 CrPC in Simple Words
Section 320 of the Code of Criminal Procedure, 1973 lists the offences under the Indian Penal Code that may be compounded and names the person who may compound each offence. The composition of an offence under Section 320 CrPC has the effect of an acquittal of the accused with whom the offence has been compounded.
Section 320 CrPC sets out two tables. Offences in the table under Section 320(1) CrPC may be compounded by the person mentioned in the third column, while offences in the table under Section 320(2) CrPC may be compounded by that person only with the permission of the Court before which the prosecution for the offence is pending.
Who Can Use Section 320 CrPC
- Under Section 320(1) of the Code of Criminal Procedure, 1973, the offences under the Indian Penal Code 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 Indian Penal Code offences listed in the table under Section 320(2) CrPC, the person named in the third column may compound the offence only with the permission of the court where the prosecution is pending.
- Where an offence is compoundable under Section 320 CrPC, an abetment of that offence, an attempt to commit it when the attempt is itself an offence, or liability under Section 34 or Section 149 of the Indian Penal Code may be compounded in the same way.
- If the person competent to compound under Section 320(4) CrPC is under eighteen years of age, an idiot, or a lunatic, a person competent to contract on their behalf may compound the offence 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 an accused has been committed for trial or has been convicted and an appeal is pending, Section 320(5) CrPC requires the leave of the court to which the accused is committed or before which the appeal is to be heard before any composition is allowed.
- Under Section 320(6) CrPC, a High Court or a Court of Session exercising revisional powers under Section 401 CrPC may allow a competent person to compound any compoundable offence.
Example of Section 320 CrPC
When Section 320 CrPC Does Not Apply
- Under Section 320(7) of the Code of Criminal Procedure, 1973, an offence cannot 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 320(9) CrPC bars the compounding of any offence that is not specified as compoundable or when the conditions set out in Section 320 CrPC are not met.
- An offence listed in the table under Section 320(2) CrPC cannot be compounded without the permission of the court before which the prosecution is pending, and under Section 320(5) CrPC no composition is allowed without the leave of the commitment or appellate court once the accused is committed for trial or an appeal is pending after conviction.
Compounding Under BNSS 359: What Changed
Section 320 CrPC is now covered under Section 359 BNSS.
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.
View detailed comparison (CrPC 320 vs BNSS 359) →FAQs on Section 320 CrPC
What is the difference between the two tables in Section 320 CrPC?▼
Section 320 of the Code of Criminal Procedure, 1973 separates compoundable Indian Penal Code offences into two tables based on whether court permission is needed. Offences listed in the table under Section 320(1) CrPC may be compounded directly by the person named in the third column without seeking court permission. Offences listed in the table under Section 320(2) CrPC may be compounded by the named person only with the permission of the court before which the prosecution is pending.
What is the legal effect of compounding an offence under Section 320 CrPC?▼
Under Section 320(8) of the Code of Criminal Procedure, 1973, the composition of an offence has the legal effect of an acquittal of the accused person with whom the offence has been compounded. Once a competent person validly compounds the offence, either directly under Section 320(1) CrPC or with the required permission or leave of the court under Section 320 CrPC, the accused stands acquitted of that offence.
Who can compound an offence under Section 320 CrPC if the competent person is under eighteen years of age or has died?▼
Under Section 320(4)(a) of the Code of Criminal Procedure, 1973, if the person competent to compound an offence is under the age of eighteen years, or is an idiot or a lunatic, any person competent to contract on their behalf may compound the offence with the permission of the court. Under Section 320(4)(b) CrPC, 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 320 CrPC after conviction when an appeal or revision is pending?▼
Yes, with the leave or permission of the Court named in Section 320 CrPC. Under Section 320(5) of the Code of Criminal Procedure, 1973, when the accused has been committed for trial or convicted and an appeal is pending, no composition is allowed without the leave of the court to which the accused is committed or before which the appeal is to be heard. Under Section 320(6) CrPC, a High Court or Court of Session exercising revisional powers under Section 401 CrPC may also allow compounding.
Where is Section 320 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The provisions of Section 320 CrPC on the compounding of offences are found in Section 359 BNSS, with Section 320(1) CrPC to Section 320(9) CrPC mapping to Section 359(1) BNSS to Section 359(9) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·