Section 48Compounding of offences

Section 48: Compounding of offences

48. Compounding of offences

(1)

Any offence punishable under section 25, [sections 27 to 39, section 41], sections 45 to 47, or any rule made under sub-section (3) of section 52 may, either before or after the institution of the prosecution, be compounded, on payment for credit to the Government of such sum as may be prescribed.

(2)

The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, [sections 27 to 39, section 41], or any rule made under sub-section (3) of section 52.

(3)

The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, [section 41,] sections 45 to 47, and any rule made under sub-section (3) of section 52:

Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded.

(4)

Nothing in sub-section (1) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded.

Explanation.—For the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.

(5)

Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded.

Amendment notes (2)

Subs w.e.f. 1-10-2023 . Subs. by Act 18 of 2023, s. 2 and the schedule for "sections 27 to 39" (w.e.f. 1-10-2023).
Ins w.e.f. 1-10-2023 . Ins. by s. 2 and the schedule, ibid, (w.e.f. 1-10-2023).