CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology
Mehta Traders, a shopkeeper in Surat, is alleged to have committed an offence that is compounding-eligible under the Legal Metrology Act, 2009. The prosecution has not yet been filed. Which statement is correct about compounding?
Eligible offences under the Act may be compounded either before or after prosecution is instituted, on payment of the prescribed sum credited to the Government. Compounding is not limited to the stage after prosecution begins, and the power lies with the Director, Controller or specially authorised officers.
- AThe offence can be compounded only after the prosecution is instituted
- BThe offence may be compounded either before or after the institution of the prosecution, on payment of the prescribed sumCorrect
- CThe offence cannot be compounded at all, because every offence under the Act is non-compoundable
- DThe offence can be compounded only by a civil court, not by any officer
Explanation
Section 48(1) allows compounding of listed offences either before or after the institution of prosecution, on payment of a prescribed sum for credit to the Government. Option one wrongly restricts compounding to the post-prosecution stage. The Act expressly provides for compounding, and the power is given to the Director, Controller or authorised officers, not a civil court.
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