Criminal offences are of two kinds – Compoundable

and Non-Compoundable offences.

• Compoundable offences are those offences

that can be compromised, i.e. the complainant
can agree to withdraw the charges levied
against the accused, while,
• non – compoundable offences are more
serious offences in which the parties cannot
make a compromise.
 Compoundable offences

• Compoundable offences are the offences

where, the complainant (one who has filed a
case (the victim), can enter into a
compromise, and agrees to withdraw the
charges made against the accused. However,
this compromise should be a “Bonafide,” and
not for any consideration to which the
complainant is not entitled to.
 Section 359 of the BNSS talks about compounding of offences.
Compoundable offences are less severe criminal offences and
are of two different kinds stated in tables in Section 359 of the
BNSS
 The court’s permission is not needed before compounding –
Examples of these offences include adultery, defamation
criminal trespass, causing hurt.
 The court’s permission is required before compounding.
Examples of such offences are theft, criminal breach of trust,
voluntarily causing grievous hurt, assault on a woman to
outrage her modesty, dishonest misappropriation of property
etc.
 Nature of crimes that can be termed compoundable

• To come under the purview of compoundable offences, the

nature of the offences should be:
• The nature of the crime must not be too severe in a
compoundable offence.
• The offences should generally be private. Private offences
are those that have a negative impact on an individual’s
competence or identity. Such offences should not cause
any harm to the general public and should not be against
the well-being of the state.
• Offences such as rape, murder, and dacoity are heinous in
nature and thus cannot be compounded.
• The application for compounding the offence shall be made
before the same court where the trial is proceeding. Once
the offence has been compounded, it shall have the same
effect, as if, the accused has been acquitted of the charges.

• Examples of these offences are:

• (permission not required)
• Voluntarily causing hurt - Section 115(2)
• Defamation - Section 356(2)
• Criminal trespass - Section 329(3)
 Offences that do not need permission from the court

• Section 359 contains a table that mentions the first type of

offences that do not request consent or permission from the
court. Such offences are as follows:
• Section 302 Uttering any word or making any gesture with the
intention of wounding his religious feelings.
• Who can compound ?
• People whose religious sentiments have been wounded.
• Section 115(2), 122(1) Voluntarily causing hurt.
• Who can compound ?
• The one to whom hurt has been caused.
• Section 126(2), 127(2)
• Wrongfully restraining or confining any person.
• Who can compound ?
• The person who has been restrained or confined.
• Section 324(2),324(4)(5)
• Mischief is when the only loss or damage caused is
loss or damage to a private person.
• Who can compound ?
• Private person to whom damage has been made.
 Offences that require permission from the court

• Section 359 also contains a table that refers to

the second category of offences that necessitate
the court’s consent before the parties can
compromise.
• They are as follows:
• Section 117(2), 122(2), 125(a), 125(b)
• Voluntarily causing grievous hurt.
• Who can compound ?
• To whom hurt has been caused.
• Section 316(2), 316(4)
• Criminal breach of trust.
• Who can compound ?
• The owner of the property on which a breach of trust has
occurred.
• Section 318(3)
• Cheating with knowledge that wrongful loss may ensue
to a person whose interest offender is bound to protect.
• Who can compound
• The person who has been cheated.
 Effect of compounding of offences

• According to Section 359(8) of the BNSS, the

compounding of an offence under Section 359 of the
BNSS has the effect of acquitting the accused with
whom the offence was compounded.
• The result of compounding an offence is essentially the
dismissal of the accusations made against the accused.
It makes no difference whether the FIR was lodged or
whether the trial had begun; as long as the offence was
compounded with the court’s authorization, the
offender is acquitted of all accusations.
 Compoundable offences under Legal Services Authorities Act, 1987

• Section 19 (5) of the

Legal Services Authorities Act, 1987 states that
the Lok Adalat has the authority to consider
and reach a compromise or settlement
between both the parties to the conflict over
any subject related to a crime compoundable
under any legislation.
• What would happen if there is more than one accused?
• When there are several offenders, compounding with any one
of them will result in the acquittal of only that particular
offender.
• Who, according to BNSS, has the authority to compound the
offence?
• Compounding can be done by the victim of an offence,
according to Section 359. Compounding is also permitted with
the consent of the court by the parents and legal
representative of the accused child, deceased complaint, or
disabled person.
 Non-Compoundable offences
• Non- Compoundable offences are those offences, which cannot be
compounded. But it can be quashed. The reason is the nature of the
offence, which is criminal and grave, that the Accused cannot be
permitted to go scot-free. In these cases, generally, the “state”, i.e. police,
who files the case, and hence the possibility of the complainant entering
into compromise does not occur.

• All offences, which are not specified in the list under section (359) of
BNSS, are non-compoundable.

• Under a non-compoundable offence, a private party as well as the

society, both are affected by such offences.
• A full trial is held, which ends with the acquittal or conviction of the
offender, based on the evidence provided.
• Example of non-compoundable offences
• Voluntarily causing hurt by making use of dangerous
weapons or means.
• Causing grievous hurt by committing an act so negligently
and rashly as to endanger human life or the personal
safety of others.
• Wrongfully confining an individual for three days or more.
• Criminal force or assault to woman with intent to outrage
per modesty.
• Dishonest misappropriation of property.
 Difference between Compoundable and Non-compoundable offence

• Withdrawal of Charges: In a compoundable offence, charges against the

accused can be withdrawn. While in non-compoundable offence, the charges
against the accused cannot be withdrawn.
• Nature of Crime: In a compoundable offence, the nature of the crime not so
serious. While, in non-compoundable offence, the nature of the crime is
serious.
• Compoundable: In a compoundable offence, the offence is compoundable
with or without the court’s permission. While in non-compoundable offence,
the offence cannot be compounded. It’s only quashed.
• Affected parties: In a compoundable offence, impacts only private person.
While in non-compoundable offence, affects both private persons as well as
the society at large.
• Filing of case: In a compoundable offence, the case is generally filed by a
private person. While in non-compoundable offence, the case generally filed
by the state.