[32B. Compounding of certain offences. —
(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, (2 of 1974) any offence punishable under clause
(b) of sub-section
(1) of
section 13, section 28 and section 28A of this Act (whether committed by a company or any officer
thereof), not being an offence punishable with imprisonment only, or with imprisonment and also with fine,
may, either before or after the institution of any prosecution, be compounded by the Central Government or by
any State Government or any officer authorised in this behalf by the Central Government or a State
Government, on payment for credit to that Government of such sum as that Government may, by rules made
in this behalf, specify:
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:
Provided further that in cases of subsequent offences, the same shall not be compoundable.
(2) When the accused has been committed for trial or when he has been convicted and an appeal is
pending, no composition for the offence shall be allowed without, the leave of the court to which he is
committed or, as the case may be, before which the appeal is to be heard.
(3) Where an offence is 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 and the
offender, if in custody, shall be released forthwith.]
1. Subs. by Act 26 of 2008, s. 12, for sub-sections
(1) and
(2) (w.e.f. 10-8-2009).
2. Ins. by Act 13 of 1964, s. 23 (w.e.f. 15-9-1964).
3. Subs. by Act 68 of 1982, s. 28, for “in sub-section
(1) of section 351 of the Code of Criminal Procedure, 1898” (w.e.f. 1-2-1983).
4. Ins. by Act 26 of 2008, s. 13 (w.e.f. 10-8-2009).
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