ধারা ৩৪৫Compounding offences

345.(1) The offences punishable under the sections of the Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table:-

Offence.

Sections of Penal Code applicable.

Persons by whom offence may be compounded.

Uttering works, etc., with deliberate intent to wound the religious feelings of any person.

298

The person whose religious feelings are intended to be wounded.

Causing hurt

323,334

The person to whom the hurt is caused.

Wrongfully restraining or confining any person.

341, 342

The person restained or confined.

Assault or use of criminal force

352, 355, 358

The person assaulted or to whom criminal force is used.

Unlawful compulsory labour

374

The person compelled to labour.

Mischief, when the only loss or damage caused is loss or damage to a private person.

426, 427

The person to whom the loss or damage is caused.

Criminal trespass

House-trespass

447

448

The person in possession of the property trespassed upon.

Criminal breach of contract of service.

490, 491, 492

The person with whom the offender has contracted.

Adultery

Enticing or taking away or detaining with criminal intent a married woman.

497

498

The husband of the woman.

Defamation

Printing or engraving matter, knowing it to be defamatory.

Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter.

500

501

502

The person defamed.

Insult intended to provoke a breach of the peace.

504

The person insulted.

Criminal intimidation except when the offence is punishable with imprisonment for seven years.

506

The person intimidated.

Act caused by making a person believe that he will be an object of divine displeasure.

508

The person against whom the offence was committed.

(2) The offences punishable under the sections of the Penal Code specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table

Offence.

Sections of Penal Code applicable.

Persons by whom offence may be compounded.

¹[Being member of unblawful assembly

143

The person against whom the unlawful assembly was assembled]

²[Rioting.

147

The person against whom force or violence has been used.

Rioting armed with deadly weapon.

148

Ditto.]

Voluntarily causing hurt by dangerous weapons or means.

324

The person to whom hurt is caused.

Voluntarily causing grievous hurt.

325

Ditto.

Voluntarily causing grievous hurt on grave and sudden provocation.

335

The person to whom hurt is caused.

³[Act endangering human life or the personal safety of others.

336

Ditto.]

Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.

House-trespass

337

Ditto.

Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.

338

Ditto.

Wrongfully confining a person for three days or more

343

The person confined.

⁴[Wrongfully confining for ten or more days.

344

Ditto.]

Wrongfully confining a person in secret.

346

Ditto.

⁵[Wrongfully confinement to extort property or constrain to illegal act.

347

The person wrongfully confined.

Wrongful confinement to extort confession or compel restoration of property.

348

Ditto.]

⁶[Assault or criminal force to women with intent to outrage her modesty.

354

The women assaulted or to whom the criminal force was used.]

⁷[Assault or criminal force in attempt to commit theft of property worn or carried by a person.

356

The person assaulted or to whom criminal force is used.]

Assault or criminal force in attempting wrongfully to confine a person.

357

The person assaulted or to whom the force was used.

⁸[Theft ⁹[* * *].

379

The owner of the property stolen.]

¹⁰[Theft in dwelling house.

380

Ditto]

¹¹[Theft by clerk or servant of property in possession of master ¹²[* * *].

381

Ditto.]

Dishonest misappropriation of property.

403

The owner of the property misappropriated.

¹³[Criminal breach of trust ¹⁴[***].

406

The owner of the property in respect of which the breach of trust has been committed.

Criminal breach of trust by a carrier, wharfinger, etc. ¹⁵[***].

407

Ditto.

Criminal breach of trust by a clerk or servant ¹⁶[***].

408

Ditto.

Dishonestly receiving stolen property, knowing it to be stolen ¹⁷[* * *].

411

The owner of the property stolen.

Assisting in the concealment or disposal of stolen property, knowing it to be stolen ¹⁸[* * *].

414

Ditto.]

Cheating

417

The person cheated.

Cheating a person whose interest the offender was bound, by law or by legal contract, to protect.

418

Ditto.

Cheating by personation

419

Ditto.

Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security.

420

Ditto.

¹⁹[Fraudulent removal or concealment of property, etc. to prevent distribution among creditors.

421

The creditors who are affected thereby.

Fraudulently preventing from being made available for his creditors a debt or demand due to the offender.

422

Ditto.

Fraudulent execution of deed of transfer containing false statement of consideration.

423

The person affected thereby.

Fraudulent removal or concealment of property.

424

Ditto.

Mischief by killing or maiming animal ²⁰[* * *].

428

The owner of the animal.

Mischief by killing or maiming cattle, etc. ²¹[* * *].

429

The owner of the cattle, or animal.]

Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person.

430

The person to whom the loss or damage is caused.

House-trespass to commit an offence (other than theft) punishable with imprisonment.

451

The person is possession of the house trespassed upon.

Using a false trade or property mark.

482

The person to whom loss or injury is caused by such use.

Counterfeiting a trade or property mark used by another.

483

The person whose trade or property mark is counterfeited.

Knowingly selling, or exposing or possessing for sale or for trade or manufacturing purpose, goods marked with a counterfeit trade or property mark.

486

Ditto

²²[Cohabitation caused by a man deceitfully including a belief of lawful marriage.

493

The woman with whom cohabitation was caused.]

Marrying again during the life-time of a husband or wife.

494

The husband or wife of the person so marrying.

Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman.

509

The woman whom it is intended to insult or whose privacy is intruded upon.

²³[Attempting to commit offences punishable with transportation or imprisonment.

511

The person against whom such attempt was made for committing the offence.]

(3) When any offence is compoundable under this section, the abatement of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner.

(4) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may with the permission of the Court compound such offence.

(5) When the accused has been ²⁴[sent] for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is 1²⁵[sent] or, as the case may be, before which the appeal is to be heard.

(5A) The High Court Division acting in the exercise of its powers of revision under section 439 ²⁶[, and a Court of Session so acting under section 439A,] may allow any person to compound any offence which he is competent to compound under this section.

(6) 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.

(7) No offence shall be compounded except as provided by this section.

²⁷[(8) Notwithstanding anything contained in this section, the Court may, where both parties agree to compound any compoundable case, facilitate the compounding process between the parties or refer the matter to the concerned Legal Aid Officer appointed under the Legal Aid Act, 2000 (Act No. 2000), or

to the advocates engaged by the parties, or, where no advocate has been engaged, to the party or parties themselves for composition; and if the Court is satisfied that a lawful agreement has been executed by the parties in furtherance of such compounding, it may preserve the agreement in the record and pass such orders as may be necessary to implement its terms, provided that such implementation does not prejudice the rights or interests of any third party.

Explanation: For the purpose of this sub-section, the term “party” means the person or persons by whom the offence may lawfully be compounded and the accused.]