CrPC Section 320 — Compounding of offences

CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

General

Summary

Sub-section (1) allows the offences listed here to be compounded by the person named for each offence: uttering words, etc., with deliberate intent to wound someone’s religious feelings—by the person whose feelings were intended to be wounded; voluntarily causing hurt—by the person hurt; voluntarily causing hurt on provocation—by the person hurt; voluntarily causing grievous hurt on grave and sudden provocation—by the person hurt; wrongfully restraining or confining someone—by the person restrained or confined; wrongfully confining someone for three days or more—by the person confined; wrongfully confining someone for ten days or more—by the person confined; wrongfully confining someone in secret—by the person confined; assault or use of criminal force—by the person assaulted or subjected to the force; theft—by the owner of the stolen property; dishonest misappropriation of property—by its owner; criminal breach of trust by a carrier, wharfinger, etc.—by the owner of the property involved; dishonestly receiving stolen property knowing it is stolen—by the owner of the stolen property; assisting in concealing or disposing of stolen property knowing it is stolen—by the owner of the stolen property; cheating—by the person cheated; cheating by personation—by the person cheated; fraudulently removing or concealing property to prevent its distribution among creditors—by the creditors affected; fraudulently preventing a debt or demand due to the offender from being made available to creditors—by the creditors affected; fraudulently executing a deed of transfer containing a false statement of consideration—by the person affected; fraudulently removing or concealing property—by the person affected; mischief where the only loss or damage is to a private person—by the person who suffered the loss or damage; mischief by killing or maiming an animal—by the animal’s owner; mischief by killing or maiming cattle, etc.—by the cattle or animal’s owner; mischief by injuring irrigation works through wrongful diversion of water, where the only loss or damage is to a private person—by the person who suffered the loss or damage; criminal trespass—by the person in possession of the property trespassed upon; house-trespass—by that same person; house-trespass to commit an offence other than theft that is punishable with imprisonment—by the person in possession of the house trespassed upon; using a false trade or property mark—by the person suffering loss or injury from that use; counterfeiting a trade or property mark used by another—by the person suffering loss or injury; knowingly selling, exposing or possessing for sale or for manufacturing purposes goods marked with a counterfeit property mark—by the person suffering loss or injury; criminal breach of a contract of service—by the person with whom the offender contracted; adultery—by the woman’s husband; enticing, taking away or detaining a married woman with criminal intent—by her husband and the woman; defamation, except the cases specified in the table under sub-section (2)—by the person defamed; printing or engraving matter knowing it is defamatory—by the person defamed; selling printed or engraved material containing defamatory matter knowing it contains that matter—by the person defamed; insult intended to provoke a breach of the peace—by the person insulted; criminal intimidation—by the person intimidated; and inducing someone to believe that they are an object of divine displeasure—by the person so induced.

Sub-section (2) allows the offences listed here to be compounded with the permission of the Court before which the prosecution is pending, by the person named for each offence: causing miscarriage—by the woman to whom the miscarriage was caused; voluntarily causing grievous hurt—by the person hurt; causing hurt by an act done so rashly and negligently as to endanger human life or others’ personal safety—by the person hurt; causing grievous hurt by such a rash and negligent act—by the person hurt; assault or criminal force in an attempt wrongfully to confine someone—by the person assaulted or subjected to the force; theft by a clerk or servant of property in their master’s possession—by the owner of the stolen property; criminal breach of trust—by the owner of the property involved; criminal breach of trust by a clerk or servant—by the owner of the property involved; cheating a person whose interests the offender was bound by law or legal contract to protect—by the person cheated; cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security—by the person cheated; marrying again during the lifetime of a husband or wife—by the person’s husband or wife; defamation against the President, Vice-President, a State Governor, a Union territory Administrator or a Minister concerning public functions, when the case is instituted on a complaint by the Public Prosecutor—by the person defamed; and uttering words or sounds, making gestures or exhibiting an object intending to insult a woman’s modesty or intrude on her privacy—by the woman intended to be insulted or whose privacy was intruded upon.

Sub-section (3) says that when an offence can be compounded under this section, its abetment may also be compounded in the same way. An attempt to commit it may also be compounded if the attempt is itself an offence. The same applies where the accused is liable under section 34 or 149 of the Indian Penal Code.

Clause (a) of sub-section (4) says that if the person otherwise entitled to compound an offence is under eighteen, or is described in the text as an “idiot” or a “lunatic”, a person competent to contract on their behalf may compound it with the Court’s permission.

Clause (b) of sub-section (4) says that if the person otherwise entitled to compound an offence has died, their legal representative, as defined in the Code of Civil Procedure, 1908, may compound it with the Court’s consent.

Sub-section (5) says that if the accused has been committed for trial, or has been convicted and an appeal is pending, the offence cannot be compounded without the leave of the Court to which the accused was committed or, as applicable, the Court hearing the appeal.

Sub-section (6) says that a High Court or Court of Session exercising revision powers under section 401 may allow a person to compound an offence that the person is entitled to compound under this section.

Sub-section (7) says that an offence cannot be compounded if, because of a previous conviction, the accused is liable to enhanced punishment or to a different kind of punishment for that offence.

Sub-section (8) says that compounding an offence under this section has the effect of acquitting the accused with whom it has been compounded.

Sub-section (9) says that an offence may be compounded only as provided by this section.

Official 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:— 1[TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable Uttering words, etc., with deliberate The person whose religious feelings intent to wound the religious are intended to be wounded. feelings of any person. Voluntarily causing hurt. The person to whom the hurt is caused. Voluntarily causing hurt on Ditto. provocation. Voluntarily causing grievous hurt 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. Wrongfully confining a person for The person confined. three days or more Wrongfully confining a person for Ditto. ten days or more. Wrongfully confining a person in The person confined. secret. Assault or use of criminal force. 352, The person assaulted or to whom 355, criminal force is used. Theft. The owner of the property stolen. Dishonest misappropriation of The owner of the property property. misappropriated. Criminal breach of trust by a carrier, The owner of the property in respect wharfinger, etc. of which the breach of trust has been committed. Dishonestly receiving stolen The owner of the property stolen. property knowing it to be stolen. 1. Subs. by Act 5 of 2009, s. 23, for the TABLE (w.e.f. 31-12-2009). Assisting in the concealment or Ditto. disposal of stolen property, knowing it to be stolen. Cheating. The person cheated. Cheating by personation. Ditto. Fraudulent removal or concealment The creditors who are affected of property, etc., to prevent thereby. distribution among creditors. Fraudulently preventing from being Ditto. made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of The person affected thereby. transfer containing false statement of consideration. Fraudulent removal or concealment Ditto. of property. Mischief, when the only loss or 426, The person to whom the loss or damage caused is loss or damage to damage is caused. a private person. Mischief by killing or maiming The owner of the animal. animal. Mischief by killing or maiming The owner of the cattle or animal. cattle, etc. Mischief by injury to works of 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. Criminal trespass. The person in possession of the property trespassed upon. House-trespass. Ditto. House-trespass to commit an The person in possession of the offence (other than theft) punishable house trespassed upon. with imprisonment. Using a false trade or property The person to whom loss or injury is mark. caused by such use. Counterfeiting a trade or property Ditto. mark used by another. Knowingly selling, or exposing or Ditto. possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. Criminal breach of contract of The person with whom the offender service. has contracted. Adultery. The husband of the woman. Enticing or taking away or detaining The husband of the woman and the with criminal intent a married woman woman. Defamation, except such cases as 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, Ditto. knowing it to be defamatory. Sale of printed or engraved Ditto. substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach The person insulted. of the peace. Criminal intimidation. The person intimidated. Inducing person to believe himself 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:— 1[TABLE Offence Section of the Person by whom offence Indian Penal may be compounded Code applicable Causing miscarriage. The woman to whom miscarriage is caused . Voluntarily causing grievous hurt. The person to whom hurt is caused. Causing hurt by doing an act so Ditto. rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an Ditto. act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempt- The person assaulted or to whom ting wrongfully to confine a person. the force was used. Theft, by clerk or servant of The owner of the property stolen. property in possession of master. Criminal breach of trust The owner of property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk The owner of the property in respect or servant. of which the breach of trust has been committed. Cheating a person whose interest The person cheated. the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing The person cheated. delivery of property or the making, alteration or destruction of a valuable security. Marrying again during the life-time The husband or wife of the person so marrying. of a husband or wife. 1. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009). 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 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. 1[

(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.

Sections referred to

Referred to by

Related Judgments

  • PRAKASH GUPTA vs SECURITIES AND EXCHANGE BOARD OF INDIA — Supreme Court of India (2021)
  • JITENDRA RAGHUVANSHI & ORS. vs BABITA RAGHUVANSHI & ANR — Supreme Court of India (2013)
  • MATHURA SINGH & ORS. vs STATE OF U.P — Supreme Court of India (2009)
  • K.M. IBRAHIM vs K.P. MOHAMMED AND ANR — Supreme Court of India (2009)
  • MD. ABDUL SUFAN LASKAR AND ORS. vs STATE OF ASSAM — Supreme Court of India (2008)

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