Compoundable vs Non-Compoundable Offences in India: Meaning and List (2026)
What a compoundable offence is, which offences can be settled with or without the court, and how compounding differs from quashing a case on settlement.
Explainer · Criminal Procedure
When two sides want to end a criminal case by agreement, the first question is whether the law allows it. A compoundable offence is one the victim can legally settle with the accused, so the case ends, with some offences needing the court’s permission and some not. This page explains the term in plain words, shows the two kinds of compoundable offences, gives examples, and explains how compounding differs from quashing a case. Last verified October 2026.
- Compoundable: the victim can settle with the accused and the case ends in acquittal.
- Two kinds: without the court’s permission (milder offences) and with it (more serious ones).
- Law: section 320 CrPC, now section 359 BNSS.
- Non-compoundable cases: may still be quashed by the High Court on settlement, except heinous offences.
01What compoundable and non-compoundable mean
A compoundable offence is one where the person harmed can agree to a compromise with the accused, and the law then lets the criminal case end. The word “compound” here simply means to settle.
A compoundable offence is one the victim can legally settle with the accused. A non-compoundable offence cannot be settled this way, because the law sees it as a wrong against society, not just the victim.
Why the law allows settlement
Some offences are mainly private disputes, such as a minor injury, a small insult or a cheque that bounced. Courts are already crowded, and forcing a trial when both sides have made peace helps nobody. So the law lists such offences as compoundable.
Why some offences cannot be settled
Serious offences such as murder, rape and dacoity are seen as harm to the whole society. The State prosecutes them, not the victim. So even if the victim forgives the accused, the victim cannot end the case by agreement. These are non-compoundable offences.
A common confusion
Compoundable is a different idea from cognizable. Cognizable decides whether police can arrest and investigate without a warrant. Compoundable decides whether the case can be settled. For that first idea, see cognizable vs non-cognizable offences.
02The two kinds of compoundable offences
The law splits compoundable offences into two groups, based on whether the court must agree to the settlement.
1. Compoundable without the court’s permission
For these offences, the victim and the accused can settle by themselves, and the court records the compromise. These are usually the milder offences, such as simple hurt, wrongful restraint, mischief and defamation.
2. Compoundable only with the court’s permission
For these offences, the victim cannot settle alone. The parties must apply, and the court must approve the compromise. The court checks that the settlement is genuine and free from pressure. These are usually more serious, such as grievous hurt, theft, criminal breach of trust and cheating.
Who can compound?
Only the person the law names can compound, usually the victim. If the victim is a child or of unsound mind, someone else may compound only with the court’s permission. If the victim has died, the legal representative may compound, again with the court’s permission, where the law allows it.
When can it be done?
Compounding can happen at any stage, from investigation to trial. Once the case is committed to a Sessions Court, or an appeal is pending, the court’s leave is needed. A revision court can also allow compounding.
What happens after compounding
The compounding of an offence has the effect of an acquittal of the accused. To understand how that differs from a discharge, see acquittal vs discharge.
03Examples of compoundable and non-compoundable offences
The examples below use the old IPC names, because most readers still know those. Matters with a cause of action before 1 July 2024 still run under the old code.
Compoundable without permission (examples)
- Voluntarily causing hurt (IPC section 323).
- Wrongful restraint (section 341).
- Mischief causing small loss (section 426).
- Defamation (section 500).
- Insult meant to provoke a breach of peace (section 504).
Compoundable with the court’s permission (examples)
- Causing hurt with a dangerous weapon (section 324).
- Voluntarily causing grievous hurt (section 325).
- Theft (section 379).
- Criminal breach of trust (section 406).
- Cheating (section 420).
Non-compoundable (examples)
- Murder (section 302).
- Rape (section 376).
- Dacoity (section 395).
- Offences against the State.
Three questions lawyers often get
Section 498A (cruelty by husband or relatives): it is non-compoundable. Courts have still ended such cases on a genuine settlement by using their power to quash, which is explained below.
Section 420 (cheating): it is compoundable, but only with the court’s permission.
Section 138, Negotiable Instruments Act (cheque bounce): it is not listed in section 320, but section 147 of the NI Act makes it compoundable. The Supreme Court in Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663 discussed how to do this and suggested costs for late compounding.
04The table in section 320 CrPC and its BNSS equivalent
Compounding is governed by section 320 of the Code of Criminal Procedure, 1973. Under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the matching provision is section 359.
| Part of the law | What it covers | Court permission |
|---|---|---|
| Section 320(1) CrPC | First table of milder offences, such as simple hurt, wrongful restraint and defamation | Not needed |
| Section 320(2) CrPC | Second table of more serious offences, such as grievous hurt, theft, breach of trust and cheating | Needed |
| Section 320(4) | Who may compound if the victim is a minor, of unsound mind, or has died | Needed |
| Section 320(8) | Effect of compounding: acquittal of the accused | Not applicable |
| Section 359 BNSS | The new equivalent, with offences listed under the Bharatiya Nyaya Sanhita | Same two groups |
Offences not listed in these tables cannot be compounded under the section. The list can change with amendments, so always read the current text of the section before advising a client.
05Compounding vs quashing on settlement
Compounding ends a case under the statute, while quashing ends it through the High Court’s inherent power. The two are different routes to a similar result.
| Point | Compounding | Quashing on settlement |
|---|---|---|
| Source of power | Section 320 CrPC / section 359 BNSS | Section 482 CrPC / section 528 BNSS (inherent power of the High Court) |
| Offences covered | Only offences listed as compoundable | Can include non-compoundable offences, but not all |
| Who decides | The trial court, or the court where the case is pending | The High Court |
| Result | Acquittal | The FIR or proceedings are quashed |
In Gian Singh v. State of Punjab (2012) 10 SCC 303, the Supreme Court held that the High Court can quash even non-compoundable cases that are mainly private or civil in nature when the parties settle. It said this power should not be used for heinous offences such as murder and rape. Later cases such as Narinder Singh v. State of Punjab (2014) 6 SCC 466 and Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641 added guidance on how courts should weigh a settlement.
This is why a non-compoundable case such as 498A can still end on settlement in practice. The High Court looks at the nature of the offence, the harm to society and whether the settlement is genuine. Here, quashing is a court’s decision, never a right of the parties.
06Where 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.
For a settlement, lawyers need two things: the right authority and the next date. Claw helps you search judgments such as Gian Singh with court-ready citations, and track the hearing where the compromise is to be recorded. It does not use customer case documents to train AI models. Criminal practices that handle many such matters can read about case management software for criminal lawyers.
07Sources and further reading
- Section 359, BNSS 2023: indiankanoon.org
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, not legal advice. Check the current text of the law before relying on it.
08Frequently asked questions
What is a compoundable offence?
A compoundable offence is one that the victim can legally settle with the accused, after which the case ends in acquittal. Some such offences can be settled without the court’s permission, and others need it. The rules sit in section 320 CrPC and section 359 BNSS.
What is the difference between compoundable and non-compoundable offences?
A compoundable offence can be ended by a settlement between the victim and the accused. A non-compoundable offence cannot, because the law treats it as a wrong against society. Murder and rape are non-compoundable.
Can 498A be compounded?
No, section 498A is non-compoundable. However, the High Court can quash a 498A case on a genuine settlement using its inherent power, so such cases often end that way in practice.
Can section 420 (cheating) be compounded?
Yes, but only with the court’s permission. Section 420 appears in the second table of section 320 CrPC, so the victim and accused must apply and the court must approve the compromise.
Can a section 138 cheque bounce case be compounded?
Yes. Section 147 of the Negotiable Instruments Act makes offences under that Act compoundable. The Supreme Court has also guided how this works and when costs may be imposed for late compounding.
What is the difference between compounding and quashing?
Compounding is a statutory settlement for offences listed as compoundable, and it ends in acquittal. Quashing is the High Court’s inherent power to end a case, and it can also cover some non-compoundable offences when the parties settle, except heinous ones.