CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology
Ravi Metals compounded an offence on 1 June 2022 and commits a similar offence on 15 August 2025. Which statement is correct under section 48?
The new offence is deemed a first offence, because it was committed after three years had passed from the date the earlier offence was compounded. The bar on compounding applies only within that three-year window, which is counted from the compounding date.
- AThe new offence is deemed a first offence, since it was committed after three years from the date of the earlier compoundingCorrect
- BThe new offence is a second offence and can never be compounded
- CThe new offence can be compounded only by the Central Government
- DThe three-year period runs from the date of the first offence's detection, so compounding is barred
Explanation
The Explanation to section 48(4) says any subsequent offence committed after expiry of three years from the date the previous offence was compounded is deemed a first offence. Three years from 1 June 2022 ended on 1 June 2025, and 15 August 2025 falls after. The period runs from the compounding date, not detection.
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