This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
A large share of the searches this site receives are of the form “Section X BNS compoundable or not” — readers checking a specific section number rather than looking for a general explanation of what compounding means. This article is built for that lookup. It reproduces, in full, the two Tables to Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), section by section, so a reader can check any BNS offence against the actual statutory list rather than a partial summary.
The underlying concept — what compounding is, who may compound, and how it differs from the High Court’s power to quash a proceeding — is covered separately in Compounding of Offences Under Section 359 BNSS. That article is not repeated here; this one is the section-wise reference.
Where Section 320 CrPC Went in the BNSS
Readers searching “320 CrPC in BNSS” are looking for this: Section 320 of the Code of Criminal Procedure, 1973 (CrPC) — the old compounding provision — has been replaced, with the same basic two-Table structure, by Section 359 of the BNSS. This is confirmed by the Bureau of Police Research and Development’s own concordance table appended to the BNSS, which lists “359. Compounding of offences.” directly against “320. Compounding of offences.” of the old Code. The offence descriptions, the two-tier structure (without permission / with permission), and the closing bar on compounding anything outside the Tables all carry forward from Section 320 CrPC into Section 359 BNSS, updated only to reference BNS section numbers in place of the old Indian Penal Code, 1860 (IPC) sections.
How to Read the Two Tables
Section 359 BNSS sets out its scheme in two Tables, both listing offences under the Bharatiya Nyaya Sanhita, 2023 (BNS):
- Table under sub-section (1) — offences that may be compounded without the permission of the court, by the person named against each entry.
- Table under sub-section (2) — offences that may be compounded only with the permission of the court before which the prosecution is pending, by the person named against each entry.
- Anything not listed in either Table is non-compoundable. Section 359(9) closes the scheme: “No offence shall be compounded except as provided by this section.” If a BNS section does not appear below, it cannot be compounded under Section 359, however willing both sides are to settle.
Each entry below reproduces the offence description, the applicable BNS section, and the person by whom the offence may be compounded, exactly as they appear in the bare Act.
Table 1: Compoundable Without Permission of the Court — Section 359(1)
| Offence | BNS Section | Compoundable by |
|---|---|---|
| Enticing or taking away or detaining with criminal intent a married woman | 84 | The husband of the woman and the woman |
| Voluntarily causing hurt | 115(2) | The person to whom the hurt is caused |
| Voluntarily causing hurt on provocation | 122(1) | The person to whom the hurt is caused |
| Voluntarily causing grievous hurt on grave and sudden provocation | 122(2) | The person to whom the hurt is caused |
| Wrongfully restraining or confining any person | 126(2), 127(2) | The person restrained or confined |
| Wrongfully confining a person for three days or more | 127(3) | The person confined |
| Wrongfully confining a person for ten days or more | 127(4) | The person confined |
| Wrongfully confining a person in secret | 127(6) | The person confined |
| Assault or use of criminal force | 131, 133, 136 | The person assaulted or to whom criminal force is used |
| Uttering words, etc., with deliberate intent to wound the religious feelings of any person | 302 | The person whose religious feelings are intended to be wounded |
| Theft | 303(2) | The owner of the property stolen |
| Dishonest misappropriation of property | 314 | The owner of the property misappropriated |
| Criminal breach of trust by a carrier, wharfinger, etc. | 316(3) | 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 | 317(2) | The owner of the property stolen |
| Assisting in the concealment or disposal of stolen property, knowing it to be stolen | 317(5) | The owner of the property stolen |
| Cheating | 318(2) | The person cheated |
| Cheating by personation | 319(2) | The person cheated |
| Fraudulent removal or concealment of property, etc., to prevent distribution among creditors | 320 | The creditors affected |
| Fraudulently preventing a debt or demand due to the offender from being made available to his creditors | 321 | The creditors affected |
| Fraudulent execution of a deed of transfer containing a false statement of consideration | 322 | The person affected |
| Fraudulent removal or concealment of property | 323 | The person affected |
| Mischief causing loss or damage only to a private person | 324(2), 324(4) | The person to whom the loss or damage is caused |
| Mischief by killing or maiming an animal | 325 | The owner of the animal |
| Mischief by injury to irrigation works, causing loss or damage only to a private person | 326(a) | The person to whom the loss or damage is caused |
| Criminal trespass | 329(3) | The person in possession of the property trespassed upon |
| House-trespass | 329(4) | The person in possession of the property trespassed upon |
| House-trespass to commit an offence (other than theft) punishable with imprisonment | 332(c) | The person in possession of the house trespassed upon |
| Using a false trade or property mark | 345(3) | The person to whom loss or injury is caused by such use |
| Counterfeiting a property mark used by another | 347(1) | The person to whom loss or injury is caused by such use |
| Selling goods marked with a counterfeit property mark | 349 | The person to whom loss or injury is caused by such use |
| Criminal intimidation | 351(2), 351(3) | The person intimidated |
| Insult intended to provoke a breach of peace | 352 | The person insulted |
| Inducing a person to believe himself an object of divine displeasure | 354 | The person induced |
| Defamation (other than the President/Vice-President/Governor/Administrator/Minister case listed in Table 2) | 356(2) | The person defamed |
| Printing or engraving matter, knowing it to be defamatory | 356(3) | The person defamed |
| Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter | 356(4) | The person defamed |
| Criminal breach of contract of service | 357 | The person with whom the offender has contracted |
Table 2: Compoundable Only With Permission of the Court — Section 359(2)
| Offence | BNS Section | Compoundable by (with court permission) |
|---|---|---|
| Word, gesture or act intended to insult the modesty of a woman | 79 | The woman whom it was intended to insult, or whose privacy was intruded upon |
| Marrying again during the life-time of a husband or wife | 82(1) | The husband or wife of the person so marrying |
| Causing miscarriage | 88 | The woman to whom miscarriage is caused |
| Voluntarily causing grievous hurt | 117(2) | The person to whom hurt is caused |
| Causing hurt by an act done rashly and negligently so as to endanger human life or personal safety | 125(a) | The person to whom hurt is caused |
| Causing grievous hurt by an act done rashly and negligently so as to endanger human life or personal safety | 125(b) | The person to whom hurt is caused |
| Assault or criminal force in attempting wrongfully to confine a person | 135 | The person assaulted or to whom the force was used |
| Theft by a clerk or servant of property in the possession of the master | 306 | The owner of the property stolen |
| Criminal breach of trust | 316(2) | The owner of the property in respect of which the breach of trust has been committed |
| Criminal breach of trust by a clerk or servant | 316(4) | 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, by law or contract, to protect | 318(3) | The person cheated |
| Cheating and dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security | 318(4) | The person cheated |
| Defamation against the President, Vice-President, a Governor, a Union territory Administrator, or a Minister, in respect of public functions, on a complaint by the Public Prosecutor | 356(2) | The person defamed |
Commonly Searched Sections, Clarified
Section 3(5) BNS. This is not a standalone offence — it cannot itself be “compoundable” or “non-compoundable.” Section 3(5) sits in the General Explanations chapter and states the principle of constructive liability for a common intention: “When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.” (It is the BNS successor to Section 34 of the old IPC.) Whether a case involving Section 3(5) is compoundable depends entirely on whether the substantive offence actually charged appears in one of the two Tables above. Section 359(3) confirms this directly: where the accused is liable under Section 3(5), the liability “may be compounded in like manner” as the underlying compoundable offence.
Section 115(2) BNS — voluntarily causing hurt. This is the punishment clause for voluntarily causing hurt (Section 115(1) supplies the definition). It appears in Table 1 — compoundable without the permission of the court, by the person to whom the hurt is caused.
Section 317 BNS — stolen property. Section 317 has five sub-sections, and they are treated very differently:
- 317(1) only defines “stolen property”; it prescribes no punishment and is not itself a compoundable or non-compoundable offence.
- 317(2) (dishonestly receiving or retaining stolen property) and 317(5) (assisting in concealing or disposing of stolen property) both appear in Table 1 — compoundable without court permission, by the owner of the property stolen.
- 317(3) (receiving property known to have been obtained through dacoity, or from a person known to belong to a gang of dacoits) and 317(4) (habitually dealing in stolen property) do not appear in either Table. They are non-compoundable.
The general rule. If a BNS section is not listed in either Table above, it is non-compoundable under Section 359 — full stop. Section 359(9) is explicit that no offence may be compounded except as the section itself provides. This is why serious offences against the human body, and offences carrying a strong element of public interest, do not appear in these Tables at all.
Other Conditions Worth Noting
A few conditions apply across both Tables and affect whether an entry above can actually be used in a given case:
- Abetment and attempt of a listed offence may be compounded in the same manner as the substantive offence (Section 359(3)).
- If the person competent to compound is a child, of unsound mind, or deceased, a person competent to contract on their behalf, or their legal representative, may compound with the court’s permission or consent (Section 359(4)).
- Once the accused has been committed for trial, or convicted with an appeal pending, composition needs the leave of the court seized of the committal or appeal (Section 359(5)).
- A High Court or Court of Session, acting in revision under Section 442 BNSS, may itself permit compounding of an offence the person is otherwise competent to compound (Section 359(6)).
- Compounding is barred where a previous conviction would expose the accused to enhanced or different punishment for the offence (Section 359(7)).
- A valid composition has, under Section 359(8), the effect of an acquittal on the compounded offence.
For the procedural detail behind these conditions — how an application to compound is actually made, and how Section 359 BNSS differs from the High Court’s inherent power to quash proceedings under Section 528 BNSS — see Compounding of Offences Under Section 359 BNSS.
Takeaway
There is no shortcut around checking the actual Table entry. Whether a BNS offence is compoundable, and if so whether court permission is needed, depends entirely on whether — and where — it appears in the two Tables to Section 359 BNSS reproduced above. A section not listed in either Table cannot be compounded under Section 359, regardless of how the parties feel about the matter.
Useful Resources
- NCRB — Bare Act, Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
- NCRB — Bare Act, Bharatiya Nyaya Sanhita, 2023 (PDF)
- AdvocateKhoj — Bare Act, Section 359 BNSS, Compounding of Offences
- Indian Kanoon — Section 359, Bharatiya Nagarik Suraksha Sanhita, 2023
- India Code — Government of India Legislative Database
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.