Section 23 of The Health Security Se National Security Cess Act, 2025
- (1)Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, any offence 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 prosecution, be compounded by a proper officer, not below the rank of Commissioner, on payment, by the person accused of the offence, to the Central Government of such compounding amount in such manner as may be prescribed.
- (2)The option of compounding shall not be available to a person---
- (a)who has been allowed to compound once in respect of any of the offences specified in clauses (a) to (f) of sub-section (1) of section 18 and the offences which are relatable to the said specified offences;
- (b)who has been allowed to compound once in respect of any offence, other than those in clause (a), under this Act, the cess exceeding one crore rupees;
- (c)a person who has been accused of committing an offence under this Act which is also an offence under any other law for the time being in force;
- (d)a person who has been convicted for an offence under this Act by a Court; and
- (e)any other class of persons or offences, as may be prescribed.
- (3)Any compounding shall be allowed only after making payment of cess, interest and penalty involved in such offences and shall not affect the proceedings, if any, instituted under any other law for the time being in force.
- (4)The amount for compounding of offences under this section shall be such, as may be prescribed, subject to the minimum amount not being less than ten thousand rupees or fifty per cent. of the cess involved, whichever is higher, and the maximum amount not being less than thirty thousand rupees or one hundred and fifty per cent. of the cess, whichever is higher.
- (5)On payment of such compounding amount as may be determined by the proper officer, no further proceedings shall be initiated under this Act against the accused person in respect of the same offence and any criminal proceedings, if already initiated in respect of the said offence, shall stand abated.
Summary
(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, any offence 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 prosecution, be compounded by a proper.
Practical examples
FAQ
1. Who has the authority to compound an offence under Section 23 of the Health Security se National Security Cess Act, 2025?
Under Section 23 of the Health Security se National Security Cess Act, 2025, any offence (not being an offence punishable with imprisonment only, or with imprisonment and also with fine) may be compounded by a proper officer who is not below the rank of Commissioner.
2. What is the minimum compounding amount required under Section 23 of the Health Security se National Security Cess Act, 2025?
Under Section 23 of the Health Security se National Security Cess Act, 2025, the minimum compounding amount cannot be less than ten thousand rupees or fifty per cent of the cess involved, whichever is higher.
3. Can a person who has already been convicted by a court under the Act use the compounding option under Section 23 of the Health Security se National Security Cess Act, 2025?
No, under Section 23 of the Health Security se National Security Cess Act, 2025, the option of compounding is strictly not available to any person who has been convicted for an offence under this Act by a court.
4. Does compounding an offence under Section 23 of the Health Security se National Security Cess Act, 2025 also stop prosecution under other laws?
No, under Section 23 of the Health Security se National Security Cess Act, 2025, compounding does not affect any proceedings that have been instituted against the person under any other law for the time being in force.
Test yourself
Q1.Under Section 23 of the Health Security se National Security Cess Act, 2025, what is the maximum limit for the compounding amount that can be prescribed?
Q2.Under Section 23 of the Health Security se National Security Cess Act, 2025, which of the following offences cannot be compounded under any circumstances?
Q3.Under Section 23 of the Health Security se National Security Cess Act, 2025, what must the accused person pay in addition to the compounding amount to be allowed to compound?
Q4.Under Section 23 of the Health Security se National Security Cess Act, 2025, what is the legal effect of paying the compounding amount to the proper officer?