Section 359 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 359 – BNSS | Compounding of offences (1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 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 Section of the Bharatiya Person by whom offence Nyaya Sanhita, 2023 applicable may be compoundedEnticing or taking away or 84 The husband of the woman detaining with criminal and the woman. intent a married woman. Voluntarily causing hurt. 115(2) The person to whom the hurt is caused. Voluntarily causing hurt on 122(1) The person to whom the hurt provocation. is caused. Voluntarily causing grievous 122(2) The person to whom the hurt hurt on grave and sudden is caused. provocation. Wrongfully restraining or 126(2), 127(2) The person restrained or confining any person. confined. Wrongfully confining a 127(3) The person confined. person for three days or more. Wrongfully confining a 127(4) The person confined. person for ten days or more. Wrongfully confining a 127(6) The person confined. person in secret. Assault or use of criminal 131, 133,136 The person assaulted or to force. whom criminal force is used. Uttering words, etc., with 302 The person whose religious deliberate intent to wound feelings are intended to be the religious feelings of wounded. any person. Theft. 303(2) The owner of the property stolen. Dishonest misappropriation 314 The owner of the property of property. misappropriated. Criminal breach of trust by 316(3) The owner of the property in a carrier, wharfinger, etc. respect of which the breach of trust has been committed. Dishonestly receiving stolen 317(2) The owner of the property property knowing it to be stolen. stolen. Assisting in the concealment 317(5) The owner of the property or disposal of stolen property, stolen. knowing it to be stolen. Cheating. 318(2) The person cheated. Cheating by personation. 319(2) The person cheated. Fraudulent removal or 320 The creditors who are concealment of property, affected thereby. etc., to prevent distribution among creditors. Fraudulently preventing 321 The creditors who are from being made available affected thereby. for his creditors a debt or demand due to the offender. Fraudulent execution of 322 The person affected thereby. deed of transfer containing false statement of consideration. (2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 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 thepersons mentioned in the third column of that Table:— Offence Section of the Bharatiya Person by whom offence Nyaya Sanhita applicable may be compounded Word, gesture or act 79 The woman whom it wasintended to insult the intended to insult or whose modesty of a woman. privacy was intruded upon.Marrying again during the 82(1) The husband or wife of the life-time of a husband or wife. person so marrying. Causing miscarriage. 88 The woman to whom miscarriage is caused. Voluntarily causing grievous 117(2) The person to whom hurt is hurt. caused. Causing hurt by doing an 125(a) The person to whom hurt is act so rashly and negligently caused. as to endanger human life or the personal safety of others. Causing grievous hurt by 125(b) The person to whom hurt is doing an act so rashly and caused.negligently as to endanger human life or the personal safety of others. Assault or criminal force in 135 The person assaulted or to attempting wrongfully to whom the force was used. confine a person. Theft, by clerk or servant 306 The owner of the property of property in possession stolen. of master. Criminal breach of trust. 316(2) The owner of the property in respect of which breach of trust has been committed.Criminal breach of trust by 316(4) The owner of the property in a clerk or servant. respect of which the breach of trust has been committed. Cheating a person whose 318(3) The person cheated. interest the offender was bound, either by law or by legal contract, to protect. Cheating and dishonestly 318(4) The person cheated.inducing delivery of property or the making, alteration or destruction of a valuable security. Defamation against the 356(2) The person defamed. President or the Vice-President or the Governor of the State or the Administrator of the Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the public prosecutor. (3) When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under sub section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023, may be compounded in like manner.(4) (a) When the person who would otherwise be competent to compound an offence under this section is a child or of unsound mind, any person competent to contract on his behalf may, with the permission of the Court, compound such offence;(b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 of such person may, with the consent of the Court, compound such offence.(5) When the accused has been committed 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 committed, or, as the case may be, before which the appeal is to be heard.(6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442 may allow any person to compound any offence which such person is competent to compound under this section.(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.(8) 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.(9) No offence shall be compounded except as provided by this section

Section 71 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 71 – BNSS | Service of summons on witness (1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.  (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.

Section 358 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 358 – BNSS | Power to proceed against other persons appearing to be guilty of offence. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.(4) Where the Court proceeds against any person under sub-section (1), then—(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced

Section 357 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 357 – BNSS | Procedure where accused does not understand proceedings. If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

Section 70 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 70 – BNSS | Proof of service in such cases and when serving officer not present (1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.  (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.  (3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.

Section 356 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 356 – BNSS | Inquiry, trial or judgment in absentia of proclaimed offender. (1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present,under this Sanhita and pronounce the judgment: Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge.(2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely:—(i) issuance of two consecutive warrants of arrest within the interval of at least thirty days;(ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence;(iii) inform his relative or friend, if any, about the commencement of the trial; and(iv) affix information about the commencement of the trial on some conspicuous part of the house or homestead in which such person ordinarily resides and display in the police station of the district of his last known address of residence.(3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an advocate for his defence at the expense of the State.(4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for prosecution and recorded their depositions, such depositions shall be given in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged: Provided that if the proclaimed offender is arrested and produced or appears before the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence.(5) Where a trial is related to a person under this section, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct.(6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the judgment even if he is arrested and produced or appears at the conclusion of such trial.(7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents himself before the Court of appeal: Provided that no appeal against conviction shall lie after the expiry of three years from the date of the judgment.(8) The State may, by notification, extend the provisions of this section to any absconder mentioned in sub-section (1) of section 84.

Section 355 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 355 – BNSS | Provision for inquiries and trial being held in absence of accused in certain cases. (1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.(2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.Explanation.—For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means

Section 354 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 354 – BNSS | No influence to be used to induce disclosure Except as provided in sections 343 and 344, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.

Section 353 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 353 – BNSS | Accused person to be competent witness (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that—(a) he shall not be called as a witness except on his own request in writing;(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial.(2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in such proceedings: Provided that in proceedings under section 127, section 128, or section 129, the failure of such person to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.

Section 352 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 352 – BNSS | Oral arguments and memorandum of arguments (1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.