CrPC 320 — Compounding of offences

Code of Criminal Procedure, 1973

Statutory text

(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  Person by whom offence
 Indian Penal may be compounded
 Code applicable
          1 2 3
Uttering words, etc., with deliberate 298 The person whose religious feelings intent to wound the religious  are intended to be wounded.
feelings of any person.
Voluntarily causing hurt. 323 The person to whom the hurt is caused.
Voluntarily causing hurt on 334 Ditto.
provocation.
Voluntarily causing grievous hurt 335 The person to whom the hurt is on grave and sudden provocation.  caused.
Wrongfully restraining or confining 341, The person restrained or confined.
any person. 342
Wrongfully confining a person for 343 The person confined.
three days or more Wrongfully confining a person for 344 Ditto.
ten days or more.
Wrongfully confining a person in 346 The person confined.
secret.
Assault or use of criminal force. 352, The person assaulted or to whom
 355, criminal force is used.

Theft. 379 The owner of the property stolen.
Dishonest misappropriation of 403 The owner of the property property.  misappropriated.
Criminal breach of trust by a carrier, 407 The owner of the property in respect wharfinger, etc.  of which the breach of trust has been committed.
Dishonestly receiving stolen 411 The owner of the property stolen.
property knowing it to be stolen.

         1 2 3
Assisting in the concealment or 414 Ditto.
disposal of stolen property, knowing it to be stolen.
Cheating. 417 The person cheated.
Cheating by personation. 419 Ditto.
Fraudulent removal or concealment 421 The creditors who are affected of property, etc., to prevent  thereby.
distribution among creditors.
Fraudulently preventing from being 422 Ditto.
made available for his creditors a debt or demand due to the offender.
Fraudulent execution of deed of 423 The person affected thereby.
transfer containing false statement of consideration.
Fraudulent removal or concealment 424 Ditto.
of property.
Mischief, when the only loss or 426, The person to whom the loss or damage caused is loss or damage to 427 damage is caused.
a private person.
Mischief by killing or maiming 428 The owner of the animal.
animal.
Mischief by killing or maiming 429 The owner of the cattle or animal.
cattle, etc.
Mischief by injury to works of 430 The person to whom the loss or irrigation by wrongfully diverting  damage is caused.
water when the only loss or damage
caused is loss or damage to private person.

          1 2 3
Criminal trespass. 447 The person in possession of the property trespassed upon.
House-trespass. 448  Ditto.
House-trespass to commit an 451 The person in possession of the offence (other than theft) punishable  house trespassed upon.
with imprisonment.
Using a false trade  or property 482 The person to whom loss or injury is mark.  caused by such use.
Counterfeiting a trade or property 483     Ditto.
mark used by another.
Knowingly selling, or exposing or 486     Ditto.
possessing for sale or for
manufacturing purpose, goods
marked with a counterfeit property mark.
Criminal breach of contract of 491 The person with whom the offender service.  has contracted.
Adultery. 497 The husband of the woman.
Enticing or taking away or detaining 498 The husband of the woman and the
with criminal intent a married  woman woman.
Defamation, except such cases as 500 The person defamed.
are specified against section 500 of
the Indian Penal Code (45 of 1860)
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 defamatory
matter, knowing it to contain such matter.
Insult intended to provoke a breach 504 The person insulted.
of the peace.
Criminal intimidation. 506 The person intimidated.
Inducing person to believe himself 508 The person induced.]
an object of divine displeasure.

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

          1 2 3
Defamation against the President or the      500  The person defamed.
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.
Uttering words or sounds or making        509 The woman whom it was intended to
gestures or exhibiting any object  insult or whose privacy was intruded intending to insult the modesty of a  upon.]
woman or intruding upon the privacy of a woman.

[(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 AMENDMENT Madhya Pradesh Amendment of Section 320.—In the table below sub-section (2) of Section 320 of the principal Act,-

(i) 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.”.
(ii) 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 caused death or grievous hurt, etc.
Part II of Section 506 The person against whom the
offence of Criminal Intimidation was committed.”.
[Vide Madhya Pradesh 17 of 1999, s. 3.]

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