CPA 96 — Compounding of offences

Consumer Protection Act, 2019

Statutory 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).

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