Section 33 of The Bureau of Indian Standards Act, 2016.
- (1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed for the first time, punishable under this Act, 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 an officer so authorised by the Director General, in such manner as may be prescribed: Provided that the sum so specified shall not in any case exceed the maximum amount of the fine which may be imposed under section 29 for the offence so compounded; and 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 an offence committed for the first time.
- (2)Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Bureau.
- (3)Every application for the compounding of an offence shall be made in such manner as may be prescribed.
- (4)Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence against the offender in relation to whom the offence is so compounded.
- (5)Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought to the notice of the court in which the prosecution is pending in writing by the officer referred to in sub-section (1), and on such notice of the composition of the offence being given and its acceptance by the court, the person against whom the offence is so compounded shall be discharged.
Summary
- Section 33 allows first-time offenders to settle certain violations by paying a fee instead of facing a trial.
- This settlement process is officially called compounding, meaning a financial resolution without court punishment.
- Compounding is not permitted for serious offences that are punished only with jail time, or with both jail and a fine.
- The financial settlement cannot be higher than the maximum fine allowed for that specific offence under Section 29 of the law.
- If a person commits a new offence more than three years after a previous settlement, the law treats it as a first-time offence again.
- If the settlement happens after a court case has already started, the authorized officer must notify the court, which will then discharge the person.
Practical examples
FAQ
1. Can I use Section 33 of the Bureau of Indian Standards Act, 2016 to avoid jail for a very serious crime?
No, Section 33 of the Bureau of Indian Standards Act, 2016 does not allow compounding for offences that are punishable only by imprisonment, or by both imprisonment and a fine.
2. Under Section 33 of the BIS Act, 2016, how much will I have to pay to settle an offence?
The authorized officer decides the exact amount, but Section 33 of the BIS Act, 2016 clearly states the sum cannot exceed the maximum fine allowed for that specific offence under Section 29.
3. Does Section 33 of the Standards Act, 2016 apply if a court case has already started?
Yes, Section 33 of the Standards Act, 2016 allows compounding either before or after a prosecution has been instituted.
Test yourself
Q1.Under Section 33 of the Bureau of Indian Standards Act, 2016, which type of offence CANNOT be settled through compounding?
Q2.According to Section 33 of the BIS Act, 2016, what happens if an offence is compounded after the prosecution has already started?
Q3.Under Section 33 of the Indian Standards law, 2016, what is the time limit after which a repeat offence is legally treated as a first-time offence for compounding purposes?
Q4.Based on Section 33 of the Bureau of Indian Standards Act, 2016, what is the maximum financial limit for compounding an offence?