Motor Vehicles Act Section 200 — Composition of certain offences

CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE

Civil

Summary

Sub-section (1) lists a range of offences under the Motor Vehicles Act that can be compounded, meaning settled or resolved without a full court trial. This applies whether the offence happened before or after the Act came into force. The compounding can be done either before a prosecution is started in court or after it has been filed. The State Government decides, through an official notification, which officers or authorities can compound these offences and what amount must be paid for each one.

The first proviso to sub-section (1) adds that the State Government may, in addition to the compounding amount, require the person who committed the offence to perform a period of community service.

Sub-section (2) states that once an offence has been compounded under sub-section (1), the offender, if they are in custody, must be released, and no further legal proceedings can be taken against them for that specific offence.

The first proviso to sub-section (2) clarifies that even though the offence is compounded, it will still be counted as a previous commission of the same offence when deciding whether a later offence has been committed.

The second proviso to sub-section (2) states that compounding the offence does not release the offender from proceedings under sub-section (4) of section 206, nor from the requirement to complete a driver refresher training course, nor from the obligation to complete community service, if any of these apply.

Official Text

1[

(1) Any offence whether committed before or after the commencement of this Act punishable under section 177, section 177A, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section 182B, sub-section (1) or sub-section (2) of section 183, clause (c) of the Explanation to section 184, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, sub-section (3) of section 192B, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, section 196, section 198 and section 201, may, either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf.] 2[Provided that the State Government may, in addition to such amount, require the offender to undertake a period of community service.]

(2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence: 2[Provided that notwithstanding compounding under this section, such offence shall be deemed to be a previous commission of the same offence for the purpose of determining whether a subsequent offence has been committed:

Provided further that compounding of an offence will not discharge the offender from proceedings under sub-section (4) of section 206 or the obligation to complete a driver refresher training course, or the obligation to complete community service, if applicable.]