Consumer Protection Act Section 96 — Compounding of offences
CHAPTER VIII MISCELLANEOUS
Civil
Summary
Sub-section (1) allows certain offences punishable under sections 88 and 89 to be compounded, meaning settled, by paying an amount that is prescribed. This can happen either before or after a prosecution has been started. However, if a complaint has already been filed in court under section 92, the offence cannot be compounded without the court's permission. Also, the amount paid for compounding cannot be more than the maximum fine that could be imposed for that offence under this Act.
Sub-section (2) states that the Central Authority, or any officer specially authorised by the Central Authority, has the power to compound offences under sub-section (1).
Sub-section (3) says that the option to compound an offence under sub-section (1) is not available to a person who commits the same or a similar offence within three years from the date their first offence was compounded. The explanation clarifies that if a second or later offence is committed after three years have passed from the date of the previous compounding, that offence is treated as a first offence for this purpose.
Sub-section (4) provides that once an offence has been compounded under sub-section (1), no proceeding or further proceeding can be taken against the offender for that particular offence.
Sub-section (5) states that when the Central Authority or an authorised officer accepts the sum of money for compounding an offence under sub-section (1), this acceptance is considered to be an acquittal under the Code of Criminal Procedure, 1973.
Official Text
(1) Any offence punishable under sections 88 and 89, may, either before or after the institution of the prosecution, be compounded, on payment of such amount as may be prescribed:
Provided that no compounding of such offence shall be made without the leave of the court before which a complaint has been filed under section 92:
Provided further 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.
(2) The Central Authority or any officer as may be specially authorised by him in this behalf, may compound offences under sub-section (1).
(3) 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.
(4) 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.
(5) The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Central Authority or an officer of the Central Authority empowered in this behalf shall be deemed to amount to an acquittal within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974).