Information Technology Act Section 63 — Compounding of contraventions
CHAPTER X THE 2[APPELLATE TRIBUNAL]
Cyber Law
Summary
Sub-section (1) allows any contravention under this Act to be compounded, meaning settled, either before or after adjudication proceedings have been started. This compounding can be done by the Controller, or by another officer specially authorised by the Controller, or by the adjudicating officer, as the case may be. The compounding is subject to conditions that the Controller, the authorised officer, or the adjudicating officer may specify. However, the sum paid for compounding cannot exceed the maximum penalty that could be imposed under this Act for that particular contravention.
Sub-section (2) states that the provision for compounding in sub-section (1) does not apply to a person who commits the same or a similar contravention within three years from the date on which their first contravention was compounded. The Explanation clarifies that for this sub-section, if a second or subsequent contravention is committed after three years have passed from the date of the previous compounding, it will be treated as a first contravention.
Sub-section (3) provides that once a contravention has been compounded under sub-section (1), no proceeding or further proceeding can be taken against the person guilty of that contravention in respect of the contravention that was compounded.
Official Text
(1) Any contravention under this 2[Act] may, either before or after the institution of adjudication proceedings, be compounded by the Controller or such other officer as may be specially authorised by him in this behalf or by the adjudicating officer, as the case may be, subject to such conditions as the Controller or such other officer or the adjudicating officer may specify:
Provided that such sum shall not, in any case, exceed the maximum amount of the penalty which may be imposed under this Act for the contravention so compounded.
(2) Nothing in sub-section (1) shall apply to a person who commits the same or similar contravention within a period of three years from the date on which the first contravention, committed by him, was compounded.
Explanation.–For the purposes of this sub-section, any second or subsequent contravention committed after the expiry of a period of three years from the date on which the contravention was previously compounded shall be deemed to be a first contravention.
(3) Where any contravention has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the person guilty of such contravention in respect of the contravention so compounded.