Compounding offences under Bangladesh Code of Criminal procedure 1898

The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

[ 22nd March, 1898 ]

Part VI

PROCEEDINGS IN PROSECUTIONS

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Compounding 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.
[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.
¹[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.
²[Wrongfully confining for ten or more days.	344	Ditto.]
Wrongfully confining a person in secret.	346	Ditto.
³[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.]
⁴[Assault or criminal force to women with intent to outrage her modesty.	354	The women assaulted or to whom the criminal force was used.]
⁵[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.
⁶[Theft ⁷[* * *].	379	The owner of the property stolen.]
⁸[Theft in dwelling house.	380	Ditto]
⁹[Theft by clerk or servant of property in possession of master ¹⁰[* * *].	381	Ditto.]
Dishonest misappropriation of property.	403	The owner of the property misappropriated.
¹¹[Criminal breach of trust ¹²[***].	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. ¹³[***].	407	Ditto.
Criminal breach of trust by a clerk or servant ¹⁴[***].	408	Ditto.
Dishonestly receiving stolen property, knowing it to be stolen ¹⁵[* * *].	411	The owner of the property stolen.
Assisting in the concealment or disposal of stolen property, knowing it to be stolen ¹⁶[* * *].	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.
¹⁷[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 ¹⁸[* * *].	428	The owner of the animal.
Mischief by killing or maiming cattle, etc. ¹⁹[* * *].	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
²⁰[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.
²¹[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 ²²[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 1²³[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 ²⁴[, 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.

¹Sections 147 and 148 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
²Section 336 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
³Section 344 and the entries relating thereto were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
⁴Sections 347 and 348 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
⁵Section 354 and the entries relating thereto were inserted by Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
⁶Section 356 and the entries relating thereto were inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
⁷Sections 379 and 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
⁸The comma and the words “, where the value of the property stolen does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
⁹Section 380 and the entries relating thereto was inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
¹⁰Sections 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
¹¹The comma and the words “, where the value of the property stolen does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
¹²Sections 406, 407, 408, 411 and 414 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
¹³The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
¹⁴The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
¹⁵The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
¹⁶
The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
¹⁷
The comma and the words “, where the value of the stolen property does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
¹⁸Sections 421, 422, 423, 424, 428 and 429 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
¹⁹The words “of the value or taka ten or upwards” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
²⁰The comma and words “, of any value or any other animal of the value of taka fifty or upwards” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
²¹Section 493 and the entries relating thereto was inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
²²
Section 511 and the entries relating thereto was added by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)
²³The word “sent” was substituted, for the word “committed” by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
²⁴The word “sent” was substituted, for the word “committed” by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

Tags: Compounding of Offence

The Code of Criminal Procedure, 1898

( ACT NO. V OF 1898 )

1Sections 147 and 148 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

2Section 336 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

3Section 344 and the entries relating thereto were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

4Sections 347 and 348 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

5Section 354 and the entries relating thereto were inserted by Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

6Section 356 and the entries relating thereto were inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

7Sections 379 and 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

8The comma and the words “, where the value of the property stolen does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

9Section 380 and the entries relating thereto was inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

10Sections 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

11The comma and the words “, where the value of the property stolen does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

12Sections 406, 407, 408, 411 and 414 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

13The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

14The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

15The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

16

17

18Sections 421, 422, 423, 424, 428 and 429 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

19The words “of the value or taka ten or upwards” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

20The comma and words “, of any value or any other animal of the value of taka fifty or upwards” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

21Section 493 and the entries relating thereto was inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

22

23The word “sent” was substituted, for the word “committed” by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

24The word “sent” was substituted, for the word “committed” by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

Related

¹Sections 147 and 148 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

²Section 336 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

³Section 344 and the entries relating thereto were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

⁴Sections 347 and 348 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

⁵Section 354 and the entries relating thereto were inserted by Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

⁶Section 356 and the entries relating thereto were inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

⁷Sections 379 and 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

⁸The comma and the words “, where the value of the property stolen does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

⁹Section 380 and the entries relating thereto was inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

¹⁰Sections 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

¹¹The comma and the words “, where the value of the property stolen does not exceed taka five hundred” were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

¹²Sections 406, 407, 408, 411 and 414 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

¹³The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

¹⁴The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

¹⁵The comma and the words “, where the value of the property does not exceed taka five thousand” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

¹⁶

¹⁷

¹⁸Sections 421, 422, 423, 424, 428 and 429 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

¹⁹The words “of the value or taka ten or upwards” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

²⁰The comma and words “, of any value or any other animal of the value of taka fifty or upwards” were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)

²¹Section 493 and the entries relating thereto was inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)

²²

²³The word “sent” was substituted, for the word “committed” by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)

²⁴The word “sent” was substituted, for the word “committed” by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)