Compounding of Offences Under the BNSS (Section 359): CrPC 320 Mapping (2026)

Explainer · Criminal Procedure · BNSS

Updated for 2026 · Claw Editorial

Not every criminal case has to run to the end. In some offences, the person wronged and the accused can settle, and the law treats that settlement as an acquittal. Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the compounding provision, and it replaced Section 320 of the old Code of Criminal Procedure, 1973 (CrPC). It carries no punishment, because compounding ends a case rather than imposing a sentence. Last verified October 2026.

01Why compounding matters

Many criminal cases are really private disputes: a fight between neighbours, a hurt during a quarrel, a family matter. When the two sides make peace, forcing the case to a full trial serves no one. The courts stay clogged, and the parties relive a dispute they have settled.

Compounding is the lawful way to end such a case by settlement. For a defined list of offences, the victim and the accused can compound, and the case closes with an acquittal. It is faster than a trial and cleaner than letting a settled matter drag on.

People searching "bnss 359", "section 320 crpc in bnss", or "how to compound a case" are looking for which offences can be settled and how.

02What Section 359 covers

Section 359 lists the offences that can be compounded and divides them into two groups. The split is the same as under the old law:

• Compoundable without the court: the parties named in the table can compound the offence on their own, and no leave of the court is needed.
• Compoundable with leave of the court: for the more serious offences in the second table, the parties can compound only with the permission of the court before which the case is pending.

Who may compound is fixed by the table. Usually it is the person against whom the offence was committed, and in some cases a relative or guardian, with the court’s leave where the victim is a minor or of unsound mind. Once a composition is allowed, it has the effect of an acquittal of the accused with whom the offence is compounded.

Some offences are simply not compoundable. For those, the parties cannot settle under Section 359, whatever their wishes.

03Section 320 CrPC to Section 359 BNSS

Section 359 of the BNSS replaces Section 320 of the CrPC. The two-tier scheme, the acquittal effect, and the rule that non-listed offences cannot be compounded are all carried over. The main change is in the table itself.

The table now points to the Bharatiya Nyaya Sanhita, 2023 (BNS), so you read the offences by their new BNS numbers. Some entries have moved or gone. For example, adultery, which was in the old table through IPC Section 497, is not in Section 359, because that offence was struck down and is not in the BNS. Always read the current table, because whether an offence is compoundable, and by whom, depends on the exact entry.

04Compounding is not quashing

Compounding and quashing are often confused, but they are different tools.

• Compounding under Section 359 works only for the offences listed in the table, and the acquittal follows a settlement the law already allows.
• Quashing under Section 528 (the inherent powers of the High Court, which replaced Section 482 of the CrPC) can be used even for some offences that are not in the compounding table, where the parties have settled and the court is satisfied it is proper. This is a discretionary power, not an automatic right.

So if an offence is not compoundable under Section 359, settlement may still be given effect through a quashing petition in an appropriate case. For related procedure, see how to compound a criminal case under the BNSS and BNSS vs CrPC key changes. For a mapping of old sections to new, see the CrPC to BNSS section mapping.

05Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Whether a court has allowed a composition, and on what terms, is a question answered in orders rather than in the bare section, so compounding work is mostly a hunt for how benches have treated similar settlements. That hunt is quick on Claw. A search across more than 30 crore judgments returns, in under 5 seconds, the compounding and acquittal orders that match your offence and your facts, lined up by section, party, or advocate. Once a composition is on foot, Claw follows the matter itself, keeping its case, its orders and the next hearing in view across 9,102 courts, benches and forums, so the settlement reaches the right stage. See case search across Indian courts.

Open a free Claw account to look up and follow compounding matters by party or advocate name. Your filings stay yours, because Claw does not use customer case documents to train AI models. Claw researches and tracks the case; it does not draft or move the compounding application, and it is no substitute for your counsel.

06Sources and further reading

• India Code (official text of the BNSS, 2023): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current table under Section 359 and take advice from counsel before you act.

07Frequently asked questions