Section 345: Compounding offences

(1) The offences punishable under the sections of the Pakistan Penal Code (XLV of 1860) [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 Persons by whom offence may Pakistan Penal be compounded. Code applicable. Uttering words, etc., with deliberate intent 298 The person whose religious to wound the religious feelings of any feelings are intended to be person. wounded. [* * * * * * *] Wrongfully restraining or 341, 342 The person restrained or confining any person. confined. Assault or use of criminal force. 352,355,358 The person assaulted or to whom criminal forces is used. Unlawful compulsory labour.. 374 The person compelled to labour. Mischief, when the only loss or damage 426, 427 The person to whom the loss or caused is loss or damage to a private person damage is caused. Criminal trespass .. .. 447 The person in possession of the property trespassed upon. House trespass .. .. 448 [Dishonestly issuing a cheque for 489 F The person in whose favour repayment of loan or fulfillment of an cheque issued.] obligation. Criminal breach of contract of service .. .. .. 490, 491, 492 The person with whom the offender has contracted. Adultery .. .. .. 497 The husband of the woman. Enticing or taking away or detaining with 498 criminal intent a married woman .. .. Defamation .. .. .. 500 Printing or engraving matter, knowing it to be defamatory. 501 The person defamed. Sale of printed or engraved substance containing defamatory matter, knowing it 502 to contain such matter. Insult intended to provoke a 504 The person insulted. breach of the peace. Criminal intimidation except when the 506 The person intimidated. offence is punishable with imprisonment for seven years. [Act caused by making a person believe 508 The person against whom the that he will be an object of divine offence was committed.]. displeasure. [(2) [Subject to sub section (7), the] offences punishable under the sections of the Pakistan Penal Code (XLV of 1860) 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 the Persons by whom offence may be Pakistan Penal Code compounded applicable [Rioting 147 The person against whom the offence was committed or the heirs of such person, as the case may be, if the offence was committed alongwith another compoundable offence Rioting armed with deadly weapon 148 Ditto] [Qatl i amd 302 [by the heirs of the victim, subject to the provisions of section 311.]. Qatl under ikrah i tam 303 Ditto. Qatl i amd not liable to qisas 308 Ditto. Qatl i Shibh i amd 316 [By the heirs of the victim] Qatl i khata 319 Ditto Qatl i khata by rash or negligent 320 Ditto driving. Qatl bis sabab 322 Ditto Attempt to commit qatl i amd 324 The person against whom the offence was committed. Itlaf i udw 334 The person to whom hurt is caused Itlaf i Salahiyyat i udw 336 Ditto Shajjah of any kind 337A Ditto Jaifah 337D Ditto Ghayr jaifah of any kind 337F Ditto Hurt by rash or negligent driving 337G Ditto Hurt by rash or negligent act 337H Ditto Hurt by mistake 337I Ditto Hurt by means of a poison 337J Ditto Hurt to extort confession or to 337K Ditto compel restoration of property Other hurts 337L Ditto Hurt not liable to qisas 337M Ditto Cases in which qisas for hurt cannot be 337N Ditto enforced Isqat i haml 338A The victim or the heirs of the victim, as the case may be. Isqat i janin 338C The victim or the heirs of the victim, as the case may be.] Wrongfully confining a person 343 The person confined. for three days or more. Wrongfully confining a person in secret. 346 Ditto. Assault or criminal force in attempting 357 The person assaulted or to whom the force was wrongfully to confine a person. used. Dishonest misappropriation of property 403 The owner of the property misappropriated. Cheating .. .. .. 417 The person cheated. Cheating a person whose interest the 418 Ditto offender was bound, by law or by legal contract, to protect Cheating by personation .. .. .. 419 Ditto Cheating and dishonestly inducing 420 Ditto delivery of property or the making, alteration or destruction of a valuable security. Mischief by injury to work of irrigation 430 The person to whom the loss or damage is by wrongfully diverting water when the caused. only loss or damage caused is loss or damage to a private person House trespass to commit an offence 451 The person in possession of the house (other than theft) punishable with trespassed upon. imprisonment. 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 483 The person whose trade or property mark is used by another. counterfeited. Knowingly selling, or exposing or 486 Ditto. possessing for sale or for trade or manufacturing purpose, goods marked with a counterfeit trade or property mark. Marrying again during the lifetime of a 494 The husband or wife of the person so marrying. husband or wife. Uttering words or sounds or making 509 The woman whom it is intended to insult or gestures or exhibiting any object whose privacy is intruded upon.] intending to insult the modesty of a woman or intruding upon the privacy of a woman. [(2a) Where an offence under Chapter XVI of the Pakistan Penal Code, 1860 (Act XLV of 1860), has been committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices, such offence may be waived or compounded subject to such conditions as the Court may deem fit to impose with the consent of the parties having regard to the facts and circumstances of the case.] (3) When any 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) 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 convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court before which the appeal is to be heard.] [(5A) A High Court acting in the exercise of its powers of revision under section 439 [,and a Court of Session so acting under section 439 A,] 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 waived or compounded save as provided by this section and section 311 of the Pakistan Penal Code, 1860 (Act V of 1860).]

Effective date: 1898-07-01

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