How to Compound (Settle) a Criminal Case Under the BNSS (Section 359) (2026)
A step-by-step guide to compounding a criminal case under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023: which offences can be settled, when you need the court’s permission, the effect of a composition, and how compounding differs from quashing. Last verified October 2026.
How-to · Criminal · BNSS 2023
Many criminal cases are, at heart, private disputes that the parties later settle: a quarrel that led to a hurt complaint, a cheque matter, a family fight. When both sides want to close the case, the law lets them, for a defined set of offences. That process is compounding. This guide explains how to compound a criminal case under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 320 of the old CrPC. It covers which offences can be settled, when you need the court’s permission, the effect of a composition, and how compounding differs from quashing. Last verified October 2026.
- What it is: a lawful settlement between the parties that ends a criminal case for a listed offence.
- New-code section: Section 359 of the BNSS (old CrPC 320).
- Two tiers: some offences can be compounded without the court’s permission; others need the court’s leave.
- Effect: a valid composition operates as an acquittal of the accused.
- Not the same as quashing: quashing under Section 528 is a separate route that can reach some non-compoundable cases.
01What compounding is
Compounding is a legally recognised settlement that ends a criminal case for a listed offence. The victim or complainant agrees to settle with the accused, and the case is closed. It is available only for the offences the law marks as compoundable, not for every offence.
The idea is practical. For offences that mainly affect one person, and where that person is satisfied, there is little public interest in continuing a prosecution. Compounding frees court time and lets the parties move on.
02Two tiers: with and without court permission
Section 359 divides compoundable offences into two groups.
- Compoundable without the court’s permission. For the lighter offences in the first list, the person specified (usually the victim) can compound directly, and the court’s leave is not needed.
- Compoundable only with the court’s permission. For the more serious offences in the second list, the parties can compound only with the leave of the court before which the case is pending.
Who may compound
The section specifies who can compound each offence. For some offences it is the victim; for others it is a particular person, such as the person to whom a specific harm was caused. Only the specified person can validly compound. Check the table in the current text for the offence in your case.
03Old law to new law
Compounding moved from the CrPC to the BNSS with the two-tier structure intact, and an updated list of offences keyed to the Bharatiya Nyaya Sanhita, 2023 (BNS).
| New law (BNSS, 2023) | Old law (CrPC, 1973) | Subject |
|---|---|---|
| Section 359 | Section 320 | Compounding of offences, with and without court permission |
| Section 528 | Section 482 | Inherent powers of the High Court (used for quashing on settlement) |
One change worth noting: adultery, which featured in the old Section 320 list, was dropped, following the decriminalisation of adultery. Always read the current list, because the offences are now described with reference to the BNS, not the old IPC.
04Step by step: how to compound
- Check the offence is compoundable. Look up the offence in the Section 359 table. If it is not listed, it cannot be compounded, and you may have to consider quashing instead.
- Identify who may compound. Confirm the person entitled to compound this offence, and get their genuine, voluntary consent. If that person has died, the position on who may compound needs care.
- Record the settlement. Put the terms in a settlement or compromise, signed by the parties. Make sure it is free of coercion.
- File the compounding application. Move the court where the case is pending with a joint application to compound, attaching the settlement and proof of identity of the parties.
- Seek leave if required. If the offence is in the second list, ask for the court’s permission to compound. The court checks that the settlement is genuine and voluntary.
- Obtain the order. On composition, the court records it, and the accused is acquitted of that offence.
Appellate or revisional stage
Where a case is already in appeal or revision, compounding may need the leave of that court. Confirm the position for your stage before you file.
05The effect of compounding
A valid composition has the effect of an acquittal of the accused with whom the offence has been compounded. The case ends, and the accused is treated as acquitted for that offence.
Compounding is not a mere withdrawal. Once the court records a valid composition, it operates as an acquittal of the accused.
Because the effect is so final, the court takes care that the settlement is real, voluntary, and made by the right person. A settlement obtained by pressure can be refused.
06Compounding versus quashing
People often confuse compounding with quashing. They are different routes.
- Compounding (Section 359) is a statutory settlement, available only for listed offences, and it results in an acquittal.
- Quashing (Section 528, the inherent power of the High Court) is used to end proceedings to prevent abuse of process or to secure the ends of justice, including on the basis of a settlement, and it can apply even to some offences that are not compoundable.
The Supreme Court has drawn this distinction and set guidance on when a High Court may quash a non-compoundable case on a settlement, especially for private disputes rather than serious crimes against society. See how to quash an FIR under Section 528 and inherent powers under Section 528.
07Common pitfalls
- Trying to compound a non-compoundable offence. If the offence is not in the Section 359 list, compounding will fail. Consider quashing under Section 528 instead.
- The wrong person compounding. Only the person the section specifies can validly compound. A settlement by someone else may not hold.
- Skipping the court’s permission. For second-list offences, you must obtain leave. Do not treat the settlement as self-executing.
- Weak proof of a voluntary settlement. Record the terms clearly and show the court the settlement is genuine, or it may be refused.
For the law behind this, see compounding of offences under BNSS Section 359 and compoundable versus non-compoundable offences.
08Where 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 records a composition, or a High Court quashes a non-compoundable case on a settlement, is a question answered by precedent. Claw lets you search more than 30 crore judgments on Section 359 and the old Section 320, in under 5 seconds, for rulings on offences and settlements close to yours. You can also keep the case, its orders and its hearings in view, by party name or advocate name, across 9,102 courts, benches and forums. Start from the all-courts case search hub.
Claw researches and tracks the matter; it does not file the application for you or replace legal advice, and it does not use customer documents to train its AI models. Create a free Claw account to pull the settlement authorities and follow a matter by party name or advocate name.
09Sources and further reading
- India Code (Bharatiya Nagarik Suraksha Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the BNSS and take advice from counsel before you file.
10Frequently asked questions
What does it mean to compound a criminal case?
It means the parties lawfully settle a case for an offence the law marks as compoundable, and the case is closed. Under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, some offences can be compounded by the parties directly and others only with the court’s permission. It replaces Section 320 of the CrPC.
Which offences can be compounded?
Only the offences listed in the Section 359 table. The first list can be compounded without the court’s permission, and the second list only with the court’s leave. If the offence is not listed, it cannot be compounded.
What is the effect of compounding?
A valid composition has the effect of an acquittal of the accused with whom the offence is compounded. The case ends, and the accused is treated as acquitted for that offence.
What is the difference between compounding and quashing?
Compounding under Section 359 is a statutory settlement for listed offences that results in an acquittal. Quashing under Section 528, the High Court’s inherent power, can end proceedings to prevent abuse of process or secure justice, and can reach some offences that are not compoundable.
Do I always need the court’s permission to compound?
No. For the lighter offences in the first list, the specified person can compound without the court’s permission. For the more serious offences in the second list, you need the leave of the court before which the case is pending.
Can I track a compounding or settlement case in Claw?
Yes. Claw lets you search more than 30 crore judgments on Section 359 in under 5 seconds and keeps the cases, orders and hearings in your matter in view by party name or advocate name across 9,102 courts, benches and forums. It researches and tracks the matter but does not file it or give legal advice.