Compounding of Criminal Offences in Odisha: Which Cases Can Be Settled Under BNSS
Under Section 359 BNSS, certain criminal offences in Odisha — such as simple hurt, criminal trespass, and some defamation cases — can be compounded or settled between the complainant and accused, some freely and others only with the court's permission, leading to acquittal.
By Advocate Debarchana Samal · 30 July 2026 · 7 min read
What is Compounding of an Offence?
Compounding allows the victim/complainant and the accused to settle a criminal case privately, resulting in the accused's acquittal, for offences the law considers primarily personal in nature rather than a serious wrong against society. It reflects the legislature's recognition that not every criminal dispute needs to end in a full trial — many arise from personal disputes, family disagreements, or minor altercations that the parties themselves are best placed to resolve. Section 359 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) governs which offences under the Bharatiya Nyaya Sanhita (BNS) can be compounded, replacing the earlier Section 320 CrPC framework.
Categories of Compoundable Offences
Compoundable Without Court Permission
Examples: Causing hurt, wrongful restraint, criminal trespass, mischief, adultery-related provisions, defamation in certain cases
The complainant and accused can compound directly and inform the court.
Compoundable Only With Court Permission
Examples: Voluntarily causing grievous hurt, criminal breach of trust by specific categories, marriage-related offences such as those involving deceitful cohabitation
Requires the court to satisfy itself the compromise is genuine and voluntary before granting permission.
Step-by-Step: How to Compound a Criminal Offence
Check if the offence is compoundable
Your lawyer verifies whether the specific section you are charged under is listed in Section 359 BNSS as compoundable, and whether it requires court permission or not.
Negotiate a fair settlement
The complainant and accused, usually through their lawyers, negotiate the terms of settlement — which may include compensation, an apology, or simply an agreement to withdraw the complaint.
File a joint compounding application
Both parties sign and file a joint application before the trial court stating they have compromised the matter and requesting the case to be disposed of accordingly.
Seek the court's permission if required
For offences needing permission, the Magistrate or Sessions Judge examines whether the compromise is voluntary, not obtained under coercion, and genuinely reflects the will of both parties.
Obtain the compounding order and acquittal
Once the court accepts the compromise, it records the settlement and the accused is acquitted of the compounded offence, formally closing that part of the case.
Offences That Cannot Be Compounded
Critical warning: Never sign a compromise or compounding document without legal advice. An improperly drafted settlement can be challenged later, and compounding a non-compoundable offence has no legal effect. Consult a criminal lawyer before entering into any compromise to ensure it actually results in a valid acquittal.
Frequently Asked Questions
What does compounding of an offence mean?
Compounding means the complainant and the accused settle the criminal case between themselves, and the complainant agrees not to pursue the prosecution further. If the offence is legally compoundable and the court accepts the compromise, the accused is acquitted of that charge without a full trial.
Which offences can be compounded in Odisha under BNSS?
Section 359 BNSS (formerly Section 320 CrPC) lists specific offences under the Bharatiya Nyaya Sanhita that can be compounded. Some, like causing hurt or criminal trespass, can be compounded directly by the parties without court permission. Others, such as voluntarily causing grievous hurt or certain marriage-related offences, require the express permission of the court before they can be compounded.
Can serious offences like murder or rape be compounded?
No. Grave offences such as murder, rape, dacoity, and most offences against the State or public tranquillity are not compoundable at all. No amount of compromise between the parties can result in acquittal for these offences — the trial must proceed to its legal conclusion regardless of any private settlement.
What is the difference between compounding and quashing on the ground of settlement?
Compounding is a statutory process under Section 359 BNSS available only for specifically listed offences, and is done before the trial court. Quashing on the ground of settlement is a discretionary remedy under Section 528 BNSS (formerly Section 482 CrPC) exercised by the Odisha High Court, which can, in appropriate cases involving predominantly civil disputes, quash even certain non-compoundable offences if the parties have genuinely settled and continuing the prosecution would be an abuse of process.
Can a lawyer help settle a criminal case in Cuttack?
Yes. A lawyer verifies whether your offence is compoundable, drafts the compromise deed and joint application, represents you before the trial court or the Odisha High Court as required, and ensures the settlement results in a lawful and binding acquittal rather than an informal arrangement with no legal effect.
Want to Settle a Criminal Case in Cuttack or Odisha?
Advocate Debarchana Samal, Cuttack, Odisha assists clients in compounding eligible offences and securing court-approved settlements to close criminal cases efficiently. Contact us for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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