[BNSS] Compoundable and Non-Compoundable Offence 2025

This easy and simple blog post will explain Compoundable and Non-Compoundable Offences in detail, with clear differences between these offences. We will also explain which types of offences are directly compoundable, which are by court and which are non-compoundable.

As you know that India replaced the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) with two new laws — Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). So we will understand everything by these new laws, BNS and BNSS.

Bharatiya Nagarik Suraksha Sanhita (BNSS) section 359 clearly define and explains the compoundable and non-compoundable offences and categorises each type of offence. So we will also cover everything which is related to these offences by the BNSS section 359 easily and simply.

Meaning of Compoundable and Non-Compoundable Offences

Now we will understand the meaning and important things of compoundable and non-compoundable offences by BNSS one by one.

What is a compoundable offence?

Compoundable Offence: According to the BNSS, compoundable offences are which types of offences in which the victim and offender (both parties) can solve the matter legally. It means they can stop the next proceeding in the court in their matter by a legal compromise with each other. Many times, both parties can compromise the matter itself, and many times, court permission is also required; it totally depends on the case types, which I have explained below in this blog post.

Note: Compoundable offences are listed under the BNSS section 359. If you want to know if your matter is compoundable or not, or how it will be compromised, you can refer to the list below, which I have explained in this blog post.

What is a non-compoundable offence?

Non-Compoundable Offences: Non-Compoundable offences are those types of offences in which no chance of legal compromise of the matter. In these types of offences, the State Prosecution will proceed with the matter in court, and a completed trial is necessary. If any offences are not listed on the BNSS list, then it’s normally considered a Non-Compoundable offence.

Legal Basis: Where BNSS Defines Compounding?

BNSS section 359 clearly explains which compounding offences are compromised by the victim and which types of offences are compromised with the permission of the court.

BNSS arrange compoundable offences into two practical columns:

• a) Offences that are compromised by the victim do not need any court permission.
• b) Offences that are compromised by the victim, and court permission means here the victim can’t compromise the matter without court permission. These offences are more serious than a.

a) Offences Compoundable Without Court Permission

Now, here we will try to understand offences that BNSS allow to be directly compromised by the injured person or any specified private person without the approval of the court. All these offences are properly arranged in the sections and sub-sections of BNSS.

Offence	Section (BNS)	Who Can Compound
Wrongful restraint	Sec 125	The person restrained
Voluntarily Causing Hurt (Minor Physical Injury)	Sec 115(1)	The person hurt
Assault or criminal force	Sec 124	The person assaulted
Theft (where value is minor)	Sec 303	The owner of the property
Dishonest misappropriation of property	Sec 305	The owner of the property
Criminal trespass	Sec 326	The person trespassed upon
Defamation	Sec 356	The person defamed
Criminal intimidation (simple)	Sec 351(1)	The person intimidated
Adultery	Sec 497 (Now removed, no longer a crime under BNS)	—

These are the examples of offences that are compromised by the victim themselves means the victim can withdraw the case without court permission.

b) Offences Compoundable With Permission of the Court

Here are examples of some offences that require needed victim’s and the court’s permission for the closing of the case.

Offence	Section (BNS)	Who Can Compound
Voluntarily causing grievous hurt	Section 115(2)	The person hurt
Wrongful confinement for 10 days or more	Section 126	The person confined
Theft by clerk or servant	Section 306	The owner of the property
Cheating	Section 318	The person cheated
Criminal breach of trust	Section 317	The owner of the property
Criminal intimidation with threat to cause death or grievous hurt	Section 351(2)	The person intimidated
Offences affecting marriage (like bigamy)	Section 82	The aggrieved spouse
Mischief causing damage	Section 326	The person whose property is damaged

Procedure for Compounding of Offences (Under BNSS)

Now we will understand the legal process of the compounding of offences under the BNSS.

Step 1 — Identify the exact BNSS section and sub-clause

Check the FIR/complaint and note down the exact BNSS section and sub-clause. Then, compare it with the BNSS section 359 table to confirm how this offence will compromise whether court permission is required or not.

Step 2 — Agree the settlement in writing

The victim and accused should be present a notarise the agreement with proper signature, witness, date, and time. Because oral agreement is weak evidence and it can create problems for the future.

Step 3 — File an application / inform the court

If the case is already pending in the court, then file a written compromise in the court to handle that case. If the offence requires court permission to compromise according to the BNSS section 359, then you should formally apply for the compounding and request the judicial sanction. If court permission is not required, even then, your settlement must be on the record of the court to ensure the case is closed.

Step 4 — Court hearing and judge’s scrutiny

After these steps, when your case appears in front of the judge, the judge will ask both parties to ensure that the compromise is genuine.

Non-Compoundable Offences

A crime that is not listed on the BNSS compounding sections that all crimes or offences are Non-Compoundable Offences. Here are the examples of some non-compoundable offences, listed with their sections and punishment.

Offence	Section (BNS)	Punishment Type
Murder	Section 103	Imprisonment for life / Death
Attempt to murder	Section 109	Imprisonment up to 10 years or life
Kidnapping	Section 136	Imprisonment up to 7 years or more
Rape	Section 63	Imprisonment not less than 10 years
Dowry death	Section 81	Imprisonment for life
Cruelty by husband or relatives	Section 85	Imprisonment up to 3 years
Robbery	Section 309	Imprisonment up to 10 years
Dacoity	Section 310	Imprisonment for life
Criminal breach of trust by public servant	Section 318(2)	Imprisonment up to 10 years
Extortion	Section 320	Imprisonment up to 7 years
Forgery	Section 336	Imprisonment up to 7 years
Human trafficking	Section 143	Imprisonment for life
Acid attack	Section 115(3)	Imprisonment for life
Terrorism-related offences	Special Laws (UAPA)	Non-compoundable

Why This Classification is Important

The classification of compoundable and non-compoundable offences is important because it reduces the load of courts, allows a person to compromise the matter, and also prevents the wrongful compromise.

BNSS Cognizable and Non-Cognizable Offence: Complete Guide 2026

Conclusion

Everyone who is studying or practising law in India that person must know about the Compoundable and Non-Compoundable Offences because it is important to know about the seriousness of the matter.

To summarise:

• Non-Compoundable Offences = cannot be settled; a full trial is required.
• Compoundable Offences = can be settled between parties.

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