Section 359 of BNSS, 2023 — Compounding of Offences

Introduction

Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with compounding of offences. It specifies the offences that may be compounded, the person competent to compound them, and the circumstances in which the permission of the Court is required.

Compounding is a statutory mechanism through which the person legally authorised to compound an offence agrees to have the offence settled. The most important consequence is that, once an offence is validly compounded under Section 359, the composition operates as an acquittal of the accused with whom the offence has been compounded.

Section 359 substantially corresponds to Section 320 of the Code of Criminal Procedure, 1973 (CrPC), although the BNSS contains an updated list of offences with reference to the Bharatiya Nyaya Sanhita, 2023.

Meaning of Compounding of Offences

Compounding of an offence means the legally recognised settlement of certain criminal offences between the accused and the person specified by law as competent to compound the offence.

The important point is that every criminal offence cannot be compounded.

Only offences specifically made compoundable under Section 359 can be compounded, and where the statute requires the Court’s permission, such permission must be obtained.

Statutory Basis

Section 359 BNSS contains the complete statutory framework for compounding offences.

It broadly provides for:

• offences compoundable without permission of the Court;
• offences compoundable with permission of the Court;
• compounding of abetment and certain attempts;
• compounding where the competent person is a child or a person of unsound mind;
• compounding where the competent person is dead;
• restrictions after commitment for trial or during appeal;
• power of the High Court or Court of Session in revision to permit composition;
• prohibition on compounding where previous conviction attracts enhanced or different punishment;
• the effect of composition as an acquittal;
• a prohibition against compounding offences except as provided by Section 359.

Object and Purpose

The purpose of Section 359 is to permit settlement of specified offences where the law considers that the dispute may appropriately be resolved by the person affected by the offence.

The provision balances:

• the interest of the victim or aggrieved person;
• the interest of the accused;
• the need for judicial supervision;
• the public interest in maintaining the criminal law framework.

It also prevents private settlement from being used indiscriminately in offences which the legislature has not declared compoundable.

Types of Compoundable Offences

Section 359 broadly creates two categories.

1. Offences Compoundable Without Permission of Court

The offences specified in the first table may be compounded by the person mentioned in the corresponding third column without obtaining permission of the Court.

Important examples include:

• Enticing, taking away or detaining with criminal intent a married woman under Section 84 BNS.
• Voluntarily causing hurt under Section 115(2) BNS.
• Voluntarily causing hurt on provocation under Section 122(1) BNS.
• Voluntarily causing grievous hurt on grave and sudden provocation under Section 122(2) BNS.
• Wrongfully restraining or confining a person under Sections 126(2) and 127(2) BNS.
• Wrongfully confining a person for three days or more under Section 127(3) BNS.
• Wrongfully confining a person for ten days or more under Section 127(4) BNS.
• Wrongfully confining a person in secret under Section 332(c) BNS.
• Using a false trade or property mark under Section 345(3) BNS.
• Counterfeiting a property mark used by another under Section 347(1) BNS.
• Selling goods marked with a counterfeit property mark under Section 349 BNS.
• Criminal intimidation under Sections 351(2) and 351(3) BNS.
• Insult intended to provoke breach of peace under Section 352 BNS.
• Inducing a person to believe that they are an object of divine displeasure under Section 354 BNS.
• Defamation under Section 356(2) BNS, subject to the statutory qualification.
• Printing or engraving defamatory matter knowing it to be defamatory under Section 356(3) BNS.
• Sale of printed or engraved matter containing defamatory material under Section 356(4) BNS.
• Criminal breach of contract of service under Section 357 BNS.

The identity of the person competent to compound varies according to the offence. In many cases, it is the person directly affected by the offence.

2. Offences Compoundable With Permission of Court

The second category consists of offences that may be compounded only with the permission of the Court before which the prosecution is pending.

Important examples include:

• Word, gesture or act intended to insult the modesty of a woman under Section 79 BNS.
• Marrying again during the lifetime of a husband or wife under Section 82(1) BNS.
• Causing miscarriage under Section 318(3) BNS.
• Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security under Section 318(4) BNS.
• Defamation against specified constitutional or public authorities under the circumstances stated in Section 356(2) BNS, where the prosecution is instituted upon a complaint made by the Public Prosecutor.

The Court’s permission is therefore an essential procedural requirement for this category.

Essential Elements

1. The offence must be legally compoundable

The first and most important requirement is that the offence must be one specifically included in Section 359.

A private agreement between the parties does not by itself make an offence compoundable.

2. The correct person must compound the offence

The statute specifies the person competent to compound each offence.

The accused cannot simply choose any person to settle the offence.

The person mentioned in the statutory table must exercise the power of composition.

3. Court permission must be obtained where required

For offences listed in the second category, composition is permissible only with the permission of the Court before which the prosecution is pending.

4. Composition must comply with Section 359

Section 359 expressly provides that no offence shall be compounded except as provided by the section.

Therefore, parties cannot create a new category of compoundable offence merely by agreement.

Procedure

The procedure can be understood as follows:

1. Identify the offence alleged against the accused.
2. Determine whether the offence is listed as compoundable under Section 359.
3. Identify the person legally competent to compound it.
4. Determine whether the offence falls in the category requiring Court permission.
5. Where permission is required, apply to the Court before which the prosecution is pending.
6. The Court considers whether the statutory requirements are satisfied.
7. If validly compounded, the composition takes the statutory effect provided by Section 359.
8. The accused with whom the offence has been compounded is treated as acquitted.

Compounding by a Child or Person of Unsound Mind

Section 359(4)(a) provides a special safeguard where the person who would otherwise be competent to compound the offence is:

• a child, or
• a person of unsound mind.

In such a case, a person competent to contract on that person’s behalf may compound the offence with the permission of the Court.

The requirement of Court permission provides judicial supervision over the decision.

Compounding Where the Competent Person Is Dead

Section 359(4)(b) deals with the situation where the person who would otherwise be competent to compound the offence has died.

In such circumstances, the person’s legal representative, as defined in the Code of Civil Procedure, 1908, may compound the offence with the consent of the Court.

Effect of Commitment for Trial or Pending Appeal

Section 359(5) imposes an important restriction.

When the accused has been:

• committed for trial, or
• convicted and an appeal is pending,

the offence cannot be compounded without the leave of the appropriate Court.

Therefore, the mere consent of the parties is not sufficient at this stage.

The required leave must be obtained from:

• the Court to which the accused has been committed for trial; or
• the Court before which the appeal is to be heard.

Power of High Court or Court of Session in Revision

Section 359(6) gives the High Court or Court of Session, while exercising revisional jurisdiction under Section 442 BNSS, the power to allow a person to compound an offence where that person is otherwise competent to compound it under Section 359.

This provision ensures that the revisional Court can deal with a legally permissible composition even at the revisional stage.

Previous Conviction

Section 359(7) creates another restriction.

An offence cannot be compounded if, because of a previous conviction, the accused is liable either:

• to enhanced punishment; or
• to a punishment of a different kind,

for that offence.

Thus, the statutory right to compound does not operate where the previous conviction produces the specified sentencing consequence.

Effect of Compounding

Acquittal of the Accused

The most important legal consequence is contained in Section 359(8).

Composition of an offence under Section 359 has the effect of an acquittal of the accused with whom the offence has been compounded.

Therefore, valid compounding is not merely a private settlement. It produces a statutory criminal-law consequence.

Abetment and Attempt

Section 359(3) extends the compounding mechanism in specified circumstances.

Where an offence is compoundable under Section 359:

• the abetment of that offence; or
• an attempt to commit that offence, where the attempt itself constitutes an offence;

may also be compounded in the same manner.

The provision also covers circumstances where the accused is liable under Section 3(5) or Section 190 of the BNS, subject to the statutory requirements.

Exceptions and Limitations

Offences Not Listed Under Section 359

An offence cannot be compounded merely because the victim and accused have reached a settlement.

If the offence is not made compoundable by Section 359 or another applicable statute, Section 359 cannot be used to create a right of composition.

Court Permission

Where the second table requires Court permission, the parties cannot bypass that requirement through a private settlement.

Previous Conviction

The statutory prohibition relating to enhanced or different punishment following a previous conviction must be respected.

Compounding During Appeal

After conviction, where an appeal is pending, the necessary leave of the appellate Court must be obtained.

Important Distinctions

Compounding and Acquittal

Compounding is the process of legally settling a specified offence in accordance with Section 359.

Acquittal is the resulting legal status of the accused after a valid composition under Section 359(8).

Thus, valid composition under Section 359 results in acquittal.

Compounding and Withdrawal from Prosecution

Compounding under Section 359 is based on the statutory right or permission to settle specified offences.

Withdrawal from prosecution is separately dealt with under Section 360 BNSS and involves withdrawal of prosecution by the Public Prosecutor or Assistant Public Prosecutor with the consent of the Court.

The two procedures should not be treated as identical.

Compounding and Quashing of Criminal Proceedings

Compounding operates only for offences made compoundable by law.

Quashing of criminal proceedings by a High Court in exercise of its inherent or constitutional jurisdiction is a different judicial remedy and is not restricted in exactly the same manner as statutory compounding.

BNSS and CrPC

Section 359 BNSS corresponds substantially to Section 320 CrPC.

The basic framework has been retained:

• identification of compoundable offences;
• specification of the person competent to compound;
• distinction between composition with and without Court permission;
• special rules for persons unable to compound personally;
• restrictions after commitment or during appeal;
• revisional power;
• acquittal as the consequence of valid composition.

However, BNSS replaces the former IPC-based list with offences and section references under the Bharatiya Nyaya Sanhita, 2023.

Therefore, while the procedural concept is substantially continued, students must use the BNS offence numbers appearing in Section 359 BNSS, rather than automatically applying the old IPC section numbers.

Relationship with BNS and BSA

Section 359 BNSS must be read together with the Bharatiya Nyaya Sanhita, 2023, because the offences listed in Section 359 are offences created under BNS.

The division of functions is:

• BNS: defines the criminal offence and its punishment.
• BNSS: provides the procedure, including whether and how the offence may be compounded.
• BSA: governs the applicable law of evidence.

Thus, Section 359 is procedural, but it operates by reference to specific offences under BNS.

Important BNSS Provisions

Section 358: Power to proceed against other persons appearing to be guilty of an offence.

Section 359: Compounding of offences.

Section 360: Withdrawal from prosecution.

Section 442: High Court’s powers of revision.

Common Confusions

Can every criminal case be settled between the parties?

No.

Only offences that are legally compoundable can be compounded under Section 359.

Does compounding require Court permission in every case?

No.

Section 359 creates two categories: offences compoundable without Court permission and offences compoundable with Court permission.

What happens after valid compounding?

The accused is acquitted of the offence with which the composition has been made.

Can a person compound an offence on behalf of a child?

Yes, subject to the statutory requirements.

Where the competent person is a child, a person competent to contract on the child’s behalf may compound the offence with the permission of the Court.

Can the legal representative of a deceased person compound an offence?

Yes.

Section 359(4)(b) permits the legal representative of the deceased competent person to compound the offence with the consent of the Court.

Can an offence be compounded simply because the victim has forgiven the accused?

No.

Forgiveness or settlement does not by itself make an offence compoundable. The statutory requirements of Section 359 must be satisfied.

Example

Suppose A voluntarily causes hurt to B, and the offence falls within the compoundable category under Section 359.

B is the person legally competent to compound the offence. If B validly compounds the offence in accordance with Section 359, the composition has the effect of an acquittal of A with respect to that offence.

If, however, the offence belongs to the category requiring Court permission, the parties must obtain the necessary permission before the composition can take effect.

Topic at a Glance

• Topic: Compounding of offences
• BNSS Section: 359
• Corresponding CrPC provision: Section 320
• Main purpose: Statutory settlement of specified criminal offences
• Categories: Compoundable without Court permission and compoundable with Court permission
• Competent person: Person specified in the statutory table
• Court permission: Required for offences in the second category
• Special cases: Child, person of unsound mind, deceased competent person
• After commitment: Leave of the appropriate Court is required
• Pending appeal: Leave of the appellate Court is required
• Previous conviction: Composition restricted in specified circumstances
• Effect: Acquittal of the accused with whom the offence has been compounded
• Important rule: No offence can be compounded except as provided by law

Quick Revision

• Section 359 BNSS deals with compounding of offences.
• It substantially corresponds to Section 320 CrPC.
• Only offences specifically made compoundable by law can be compounded.
• Section 359 contains two categories of compoundable offences.
• Some offences can be compounded without Court permission.
• Other offences require permission of the Court.
• The person who compounds the offence must be the person specified by the statute.
• Special rules apply where that person is a child, person of unsound mind, or deceased.
• After commitment for trial or during an appeal, the required leave of the appropriate Court must be obtained.
• A previous conviction may prevent compounding where it results in enhanced or different punishment.
• Valid composition has the effect of an acquittal.
• Abetment and certain attempts may also be compounded in the same manner.
• No offence can be compounded except as provided by Section 359 or another applicable law.

ALSO READ: Section 358 – Power to proceed against other persons appearing to be guilty of offence

Conclusion

Section 359 BNSS provides a structured statutory mechanism for the compounding of specified criminal offences. It identifies which offences may be compounded, who may compound them, when Court permission is necessary, and the consequences of valid composition. Its most significant consequence is that a validly compounded offence results in the acquittal of the accused with whom the offence has been compounded. Although the provision substantially continues the framework of Section 320 CrPC, the compoundable offences must now be understood with reference to the Bharatiya Nyaya Sanhita, 2023.