compounding of offences

Section 359 BNSS (old s.320 CrPC) contains two tables: offences the victim may compound without the court's permission, and offences that may be compounded only with the court's permission. Only offences listed there can be compounded, and composition has the effect of an acquittal. Special laws may provide their own rules; cheque dishonour under s.138 NI Act is compoundable under s.147 of that Act.

A non-compoundable offence cannot be compounded, but the High Court may quash the proceedings under its inherent power (s.528 BNSS, old s.482 CrPC) where the parties have settled a dispute of a mainly private nature. This does not extend to heinous offences or offences against society.

Example

Since simple hurt is compoundable by the injured person, the case ends in acquittal once the parties file a joint memo of compounding under section 359 BNSS.

In Indian law

• Section 359, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.320 CrPC)
• Section 147, Negotiable Instruments Act, 1881 (offences compoundable)
• Gian Singh v. State of Punjab, 2012 INSC 419: quashing on settlement is distinct from compounding

See also

plea bargaining · quash · compromise · inherent powers

Read more in the study notes

• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• The Mediation Act, 2023: scheme, enforcement and status (Alternative Dispute Resolution Systems)
• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)