The Legal Metrology Act, 2009 — back to Table of Contents
Section 48. Compounding of offences.
(1) Any offence punishable under sections 25 to 39, section 41, sections 45 to 47, any rule made under sub-section (3) of section 52 or any rule made under sub-section (3) of section 53 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 sections 25 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 sections 25 to 31, sections 33 to 37, section 41, sections 45 to 47, and any rule made under sub-section (3) of section 53:
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) 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) No offence under this Act shall be compounded except as provided by this section.
(6) No court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by—
(i) the Director;
(ii) the Controller;
(iii) any officer authorised by them.
(7) If the person does not compound the offence, shall be tried by the Magistrate in accordance with the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).
(8) Where the offender fails to pay the fine imposed by the Magistrate, such fine and costs of prosecution shall be recoverable as provided under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023):
Provided that in case of failure to pay the fine, such fine shall be recoverable in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), and any order of the Magistrate shall be deemed executable as a decree for recovery of money.
