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Which one of the following offences under the Bharatiya Nyaya Sanhita, 2023 is not compoundable under…

Section 359(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists voluntarily causing hurt, voluntarily causing hurt on provocation, and house-trespass as compoundable by…

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Which one of the following offences under the Bharatiya Nyaya Sanhita, 2023 is not compoundable under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Correct answer D

Section 359(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists voluntarily causing hurt, voluntarily causing hurt on provocation, and house-trespass as compoundable by the designated persons. Under section 359(5), leave is required after committal for trial or while an appeal following conviction is pending. Section 359(7) also bars compounding in the prior-conviction circumstances it specifies. Attempt to murder under section 109 of the Bharatiya Nyaya Sanhita, 2023 appears in neither table and is outside the statutory compounding power under section 359(9).

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Option A

Incorrect. Voluntarily causing hurt under Section 115(2) of the BNS, 2023 (formerly Section 323 of the IPC) is compoundable by the person to whom the hurt is caused under Section 359(1) of the BNSS, 2023.

Option B

Incorrect. Voluntarily causing hurt on provocation under Section 122(1) of the BNS, 2023 (formerly Section 334 of the IPC) is compoundable by the person to whom the hurt is caused under Section 359(1) of the BNSS, 2023.

Option C

Incorrect. House-trespass under Section 329(4) of the BNS, 2023 (formerly Section 448 of the IPC) is compoundable by the person in possession of the property trespassed upon under Section 359(1) of the BNSS, 2023.

Option D

Correct. Attempt to murder under Section 109 of the BNS, 2023 (formerly Section 307 of the IPC) is a grave offence against society and is not compoundable under Section 359 of the BNSS, 2023 (formerly Section 320 of the CrPC).

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