Section 359 of BNSS : Section 359: Compounding of offences.

BNSS

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Explanation using Example

Example 1:

Scenario: Raj and Mohan are neighbors. One day, Raj accidentally damages Mohan's car while reversing his vehicle. Mohan files a complaint against Raj under Section 426 of the Bharatiya Nyaya Sanhita, 2023 for causing mischief.

Application of Section 359:

  • Offence: Mischief (Section 426)
  • Person by whom offence may be compounded: The person whose property is damaged (Mohan)

Outcome: Mohan decides to forgive Raj after Raj apologizes and agrees to pay for the car repairs. Mohan informs the court that he wishes to compound the offence. The court allows the compounding, and the case is closed without further legal proceedings.

Example 2:

Scenario: Priya and Anjali are colleagues. During a heated argument, Priya slaps Anjali. Anjali files a complaint against Priya under Section 323 of the Bharatiya Nyaya Sanhita, 2023 for voluntarily causing hurt.

Application of Section 359:

  • Offence: Voluntarily causing hurt (Section 323)
  • Person by whom offence may be compounded: The person hurt (Anjali)

Outcome: Priya apologizes to Anjali and they agree to settle the matter amicably. Anjali informs the court that she wishes to compound the offence. The court permits the compounding, and the case is dismissed.

Example 3:

Scenario: Ramesh borrows Rs. 50,000 from Suresh but fails to repay the amount on time. Suresh files a complaint under Section 406 of the Bharatiya Nyaya Sanhita, 2023 for criminal breach of trust.

Application of Section 359:

  • Offence: Criminal breach of trust (Section 406)
  • Person by whom offence may be compounded: The person to whom the trust is breached (Suresh)

Outcome: Ramesh agrees to repay the borrowed amount along with some interest. Suresh accepts the repayment and decides to compound the offence. He informs the court, and the court allows the compounding, leading to the closure of the case.

Example 4:

Scenario: Sunita and her friend Meena have a dispute over a piece of jewelry. Sunita accuses Meena of theft and files a complaint under Section 379 of the Bharatiya Nyaya Sanhita, 2023 for theft.

Application of Section 359:

  • Offence: Theft (Section 379)
  • Person by whom offence may be compounded: The owner of the property stolen (Sunita)

Outcome: Meena returns the jewelry to Sunita and apologizes. Sunita decides to forgive Meena and informs the court that she wishes to compound the offence. The court permits the compounding, and the case is dismissed.