Section 359 BNSS: Section 359 of the Act

(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 OffenceSection of the BharatiyaPerson by whom offence Nyaya Sanhita, 2023 applicablemay be compounded Enticing or taking away or84The husband of the woman detaining with criminaland the woman. intent a married woman. Procedure where accused does not understand proceedings. Power to proceed against other persons appearing to be guilty of offence. Compounding of offences. Voluntarily causing hurt.115(2)The person to whom the hurt is caused. Voluntarily causing hurt on122(1)The person to whom the hurt provocation.is caused. Voluntarily causing grievous122(2)The person to whom the hurt hurt on grave and suddenis caused. provocation. Wrongfully restraining or126(2), 127(2)The person restrained or confining any person.confined. Wrongfully confining a127(3)The person confined. person for three days or more. Wrongfully confining a127(4)The person confined. person for ten days or more. Wrongfully confining a127(6)The person confined. person in secret. Assault or use of criminal131, 133,136The person assaulted or to force.whom criminal force is used. Uttering words, etc., with302The person whose religious deliberate intent to woundfeelings are intended to be the religious feelings ofwounded. any person. Theft.303(2)The owner of the property stolen. Dishonest misappropriation314The owner of the property of property.misappropriated. Criminal breach of trust by316(3)The owner of the property in a carrier, wharfinger, etc.respect of which the breach of trust has been committed. Dishonestly receiving stolen317(2)The owner of the property property knowing it to bestolen. stolen. Assisting in the concealment317(5)The owner of the property or disposal of stolen property,stolen. knowing it to be stolen. Cheating.318(2)The person cheated. Cheating by personation.319(2)The person cheated. Fraudulent removal or320The creditors who are concealment of property,affected thereby. etc., to prevent distribution among creditors. Fraudulently preventing321The creditors who are from being made availableaffected thereby. for his creditors a debt or demand due to the offender. Fraudulent execution of322The person affected thereby. deed of transfer containing false statement of consideration. Fraudulent removal or323The person affected thereby. concealment of property. Mischief, when the only324(2), 324(4)The person to whom the loss loss or damage caused isor damage is caused. loss or damage to a private person. Mischief by killing or325The owner of the animal. maiming animal. Mischief by injury to326(a)The person to whom the loss works of irrigation byor damage is caused. wrongfully diverting water when the only loss or damage caused is loss or damage to private person. 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 commit332(c)The person in possession of an offence (other than theft)the house trespassed upon. punishable with imprisonment. Using a false trade or property mark.345(3)The person to whom loss or injury is caused by such use. Counterfeiting a property347(1)The person to whom loss or mark used by another.injury is caused by such use. Selling goods marked with349The person to whom loss or a counterfeit property mark.injury is caused by such use. Criminal intimidation.351(2), 351(3)The person intimidated. Insult intended to provoke352The person insulted. a breach of peace. Inducing person to believe354The person induced. himself an object of divine displeasure. Defamation, except such356(2)The person defamed. cases as are specified against section 356(2) of the Bharatiya Nyaya Sanhita, 2023, column 1 of the Table under sub-section (2). Printing or engraving matter,356(3)The person defamed. knowing it to be defamatory. Sale of printed or engraved356(4)The person defamed. substance containing defamatory matter, knowing it to contain such matter. Criminal breach of contract357The person with whom the of service.offender has contracted. (2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 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 OffenceSection of the BharatiyaPerson by whom offence Nyaya Sanhita applicablemay be compounded Word, gesture or act79The woman whom it was intended to insult theintended to insult or whose modesty of a woman.privacy was intruded upon. Marrying again during the82(1)The husband or wife of the life-time of a husband or wife.person so marrying. Causing miscarriage.88The woman to whom miscarriage is caused. Voluntarily causing grievous117(2)The person to whom hurt is hurt.caused. Causing hurt by doing an125(a)The person to whom hurt is act so rashly and negligentlycaused. as to endanger human life or the personal safety of others. Causing grievous hurt by125(b)The person to whom hurt is doing an act so rashly andcaused. negligently as to endanger human life or the personal safety of others. Assault or criminal force in135The person assaulted or to attempting wrongfully towhom the force was used. confine a person. Theft, by clerk or servant306The owner of the property of property in possessionstolen. of master. Criminal breach of trust.316(2)The owner of the property in respect of which breach of trust has been committed. Criminal breach of trust by316(4)The owner of the property in a clerk or servant.respect of which the breach of trust has been committed. Cheating a person whose318(3)The person cheated. interest the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly318(4)The person cheated. inducing delivery of property or the making, alteration or destruction of a valuable security. Defamation against the356(2)The person defamed. President or the Vice-President or the Governor of the State or the Administrator of the Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the public prosecutor. (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 sub-section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023, may be compounded in like manner. (4) (a) When the person who would otherwise be competent to compound an offence under this section is a child or of unsound mind, 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 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 442 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.