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BNSS, 2023
Start Practicing
BNSSChapter XXVISection 359
Section359

Compounding of offences

AI Assist

Summary

Certain offences listed in the Table, for example enticing, taking away, or detaining a married woman with criminal intent, may be compounded by the persons specified in that Table. When a permitted person agrees to compound, the criminal prosecution for that offence is extinguished and courts do not proceed with trial on that charge. Compounding is therefore a private settlement that removes the state remedy for the listed offence.

Example

Priya files an FIR saying Arjun took her away from her home. Priya, who is one of the persons listed in the Table, agrees to compound the offence with Arjun; the police stop proceedings and the court does not try the charge.

Bare Act

Enacted text

(1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 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 Bharatiya Nyaya Sanhita, 2023 applicable Person by whom offence may be compounded

Enticing or taking away or detaining with criminal intent a married woman.

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XXVI

Chapter XXVI

General Provisions as to Inquiries and Trials

In this chapter

  • 337Person once convicted or acquitted not to be tried for same offence
  • 338Appearance by Public Prosecutors
  • 339Permission to conduct prosecution
  • 340Right of person against whom proceedings are instituted to be defended
  • 341Legal aid to accused at State expense in certain cases
  • 342Procedure when corporation or registered society is an accused
  • 343Tender of pardon to accomplice
  • 344Power to direct tender of pardon
  • 345Trial of person not complying with conditions of pardon
  • 346Power to postpone or adjourn proceedings
  • 347Local inspection
  • 348Power to summon material witness, or examine person present
  • 349Power of Magistrate to order person to give specimen signatures or handwriting, etc
  • 350Expenses of Complainants and witnesses
  • 351Power to Examine accused
  • 352Oral arguments and memorandum of arguments
  • 353Accused person to be competent witness
  • 354No influence to be used to induce disclosure
  • 355Provision for inquiries and trial being held in absence of accused in certain cases
  • 356Inquiry, trial or judgment in absentia of proclaimed offender
  • 357Procedure where accused does not understand proceedings
  • 358Power to Proceed against other persons appearing to be guilty of offence
  • 359Compounding of offences
  • 360Withdrawal from prosecution
  • 361Procedure in cases which Magistrate cannot dispose of
  • 362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  • 363Trial of persons previously convicted of offences against coinage, stamp-law or property
  • 364Procedure when Magistrate cannot pass sentence sufficiently severe
  • 365Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  • 366Court to be open
Previous · Section 358Power to Proceed against other persons appearing to be guilty of offenceNext · Section 360Withdrawal from prosecution