Compounding of offences is the process by which the complainant agrees to withdraw the criminal complaint against the accused, resulting in the accused being acquitted, on the basis of a mutual settlement between the parties. Under Indian law, compounding is governed by Section 320 of the Code of Criminal Procedure, 1973 (now Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Legal definition
Section 320 of the Code of Criminal Procedure, 1973 classifies offences into two categories for compounding:
Section 320(1): Lists offences that may be compounded by the person mentioned in the third column of the table without the permission of the court.
Section 320(2): Lists offences that may be compounded by the person mentioned in the third column of the table only with the permission of the court in which the case is pending.
Section 320(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.
Key restrictions include: no offence may be compounded if the accused, by reason of a previous conviction, is liable to enhanced or different punishment; and composition at the appellate stage requires court permission even for offences otherwise compoundable without permission.
New law equivalent: Under the BNSS, 2023, Section 359 corresponds to Section 320 CrPC. The two-table classification is retained — Section 359(1) lists offences compoundable without court permission, and Section 359(2) lists those requiring court permission. The legal effect of composition as an acquittal is preserved.
How courts have interpreted this term
Gian Singh v. State of Punjab [(2012) 10 SCC 303]
The Supreme Court held that the High Court, while exercising its inherent powers under Section 482 CrPC, can quash criminal proceedings even in non-compoundable offences where the parties have settled the dispute, provided the offences do not have a serious impact on society. The Court distinguished between offences that are private in nature (where victim and accused can settle) and those that have a significant social impact.
Narinder Singh v. State of Punjab [(2014) 6 SCC 466]
The Supreme Court laid down detailed guidelines for quashing criminal proceedings on the basis of settlement in non-compoundable offences. The Court held that while compounding under Section 320 is limited to listed offences, the High Court's power under Section 482 to quash proceedings in the interest of justice is broader and can extend to cases where a genuine settlement has been reached.
Ramgopal v. State of M.P. [(2022) 7 SCC 166]
The Supreme Court examined whether offences under Section 354 and 354-A IPC (sexual harassment) could be compounded on the basis of settlement between the parties. The Court held that offences involving moral turpitude and those against the dignity of women cannot be compounded solely on the basis of a private settlement.
Why this matters
Compounding of offences serves as a critical mechanism for reducing the burden on an already overburdened criminal justice system in India. By allowing parties to settle privately compoundable offences, the law recognises that certain criminal matters are essentially private disputes where the victim's willingness to forgive should be given weight.
For practitioners, the distinction between compoundable and non-compoundable offences is crucial. Some of the most commonly compounded offences include hurt (Section 323 IPC / Section 115 BNS), defamation (Section 500 IPC / Section 356 BNS), criminal trespass (Section 447 IPC / Section 329 BNS), and cheating (Section 420 IPC / Section 318 BNS, with court permission). The list is exhaustive — only offences specifically listed in the tables under Section 320 CrPC (Section 359 BNSS) can be compounded.
A common misunderstanding is that non-compoundable offences can never be settled. While they cannot be formally compounded under Section 320, the High Court retains inherent power under Section 482 CrPC (Section 528 BNSS) to quash proceedings in cases involving private disputes where a genuine settlement has been reached, subject to the nature and gravity of the offence.
Related terms
Related procedures:
Related concepts:
Frequently asked questions
What is the effect of compounding an offence?
Under Section 320(8) CrPC (Section 359 BNSS), the compounding of an offence has the effect of an acquittal of the accused. This means the accused is treated as if they were never convicted, and the case is closed.
Can a non-compoundable offence be settled?
While non-compoundable offences cannot be formally compounded under Section 320, the Supreme Court in Gian Singh v. State of Punjab (2012) held that the High Court can quash proceedings even in non-compoundable cases where a genuine settlement exists, provided the offence does not have a serious societal impact.
At what stage can an offence be compounded?
An offence may be compounded at any stage of the proceedings — during investigation, inquiry, trial, or even at the appellate stage. However, compounding at the trial or appellate stage requires court permission for offences listed under Section 320(2) CrPC (Section 359(2) BNSS).
Who can compound an offence?
The person specified in the table under Section 320 can compound the offence. Typically, this is the victim or the person against whom the offence was committed. In case of death of such person, their legal representative may compound the offence with court permission.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.