320Compounding of offences

(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

1 2 3

Uttering words, etc., with deliberate 298 The person whose religious feelings

intent to wound the religious are intended to be wounded.

feelings of any person. Voluntarily causing hurt. 323 The person to whom the hurt is caused.

Voluntarily causing hurt on 334 Ditto.

provocation. Voluntarily causing grievous hurt 335 The person to whom the hurt is on grave and sudden provocation. caused. Wrongfully restraining or confining341, The person restrained or confined.

any person. 342 Wrongfully confining a person for 343 The person confined.

three days or more Wrongfully confining a person for 344 Ditto.

ten days or more. 1 2 3

Wrongfully confining a person in 346 The person confined.

secret. Assault or use of criminal force. 352, The person assaulted or to whom 355, criminal force is used.

358 Theft. 379 The owner of the property stolen.

Dishonest misappropriation of 403 The owner of the property

property. misappropriated.

Criminal breach of trust by a carrier,407 The owner of the property in respect wharfinger, etc. of which the breach of trust has been committed.

Dishonestly receiving stolen 411 The owner of the property stolen. property knowing it to be stolen.

Assisting in the concealment or 414 Ditto.

disposal of stolen property, knowing it to be stolen.

Cheating. 417 The person cheated.

Cheating by personation. 419 Ditto.

Fraudulent removal or concealment 421 The creditors who are affected of property, etc., to prevent thereby.

distribution among creditors. Fraudulently preventing from being 422 Ditto.

made available for his creditors a debt or demand due to the offender. Fraudulent execution of deed of 423 The person affected thereby.

transfer containing false statement of consideration. Fraudulent removal or concealment 424 Ditto.

of property. Mischief, when the only loss or 426, The person to whom the loss or

damage caused is loss or damage to 427 damage is caused.

a private person. Mischief by killing or maiming 428 The owner of the animal.

animal. Mischief by killing or maiming 429 The owner of the cattle or animal.

cattle, etc. Mischief by injury to works of 430 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.

1 2 3

Criminal trespass. 447 The person in possession of the property trespassed upon.

House-trespass. 448 Ditto.

House-trespass to commit an 451 The person in possession of the offence (other than theft) punishable house trespassed upon.

with imprisonment. Using a false trade or property 482 The person to whom loss or injury is mark. caused by such use.

Counterfeiting a trade or property 483 Ditto.

mark used by another. Knowingly selling, or exposing or 486 Ditto.

possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. Criminal breach of contract of 491 The person with whom the offender service. has contracted.

Adultery. 497 The husband of the woman.

Enticing or taking away or detaining498 The husband of the woman and the with criminal intent a married woman

woman. Defamation, except such cases as 500 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, 501 Ditto.

knowing it to be defamatory. Sale of printed or engraved 502 Ditto.

substance containing defamatory matter, knowing it to contain such matter. Insult intended to provoke a breach 504 The person insulted./bt of the peace. Criminal intimidation. 506 The person intimidated. Inducing person to believe himself 508 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:---

²[TABLE

Offence Section of the Person by whom offence Indian Penal may be compounded

Code applicable 1 2 3

Causing miscarriage. 312 The woman to whom miscarriage is caused .

Voluntarily causing grievous hurt. 325 The person to whom hurt is caused.

Causing hurt by doing an act so 337 Ditto.

rashly and negligently as to endanger human life or the personal safety of others. Causing grievous hurt by doing an 338 Ditto.

act so rashly and negligently as to endanger human life or the personal safety of others. Assault or criminal force in attempt-357 The person assaulted or to whom ting wrongfully to confine a person. the force was used.

Theft, by clerk or servant of 381 The owner of the property stolen.

property in possession of master. Criminal breach of trust 406 The owner of property in respect of which breach of trust has been committed.

Criminal breach of trust by a clerk 408 The owner of the property in respect or servant. of which the breach of trust has been committed.

Cheating a person whose interest 418 The person cheated.

the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly inducing 420 The person cheated.

delivery of property or the making, alteration or destruction of a valuable security. Marrying again during the life-time 494 The husband or wife of the person so marrying.

of a husband or wife. 1 2 3

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 509 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.

³ [(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.

STATE AMENDMENT

Madhya Pradesh

Amendment of Section 320.--In the table below sub-section (2) of Section 320 of the principal Act,--

(i) in column first, second and third, before section 324 and entries relating thereto, the following sections and entries relating thereto shall be inserted, namely:--

"(1) (2) (3) Rioting 147 The person against whom the force or violence is used at the time of committing an offence:

Provided that the accused is not charged with other offence which is not compoundable.

Rioting armed with deadly weapon 148 The person against whom the force or violence is used at the time of committing an offence:

Provided that the accused is not charged with other offence which is not compoundable. Obscene acts or use of obscene words 294 The person against whom obscene acts were done or obscene words were used.”.

(ii) in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating thereto shall be inserted, namely:--

"(1) (2) (3) Criminal intimidation if threat to be caused death or grievous hurt, etc.

Part II of Section 506 The person against whom the offence of Criminal Intimidation was committed.”.

[Vide Madhya Pradesh 17 of 1999, s. 3.]