THE UTTAR PRADESH CRIMINAL LAW (COMPOSITION OF OFFENCES AND ABATEMENT OF TRIALS) (AMENDMENT) ACT, 1979

1. (1) This Act may be called the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979. (2) It shall extend to the whole of Uttar Pradesh.

2. After section 131-A of the Motor Vehicles Act, 1939, the following section shall be inserted, namely :— “131-B. (1) Any offence punishable under this Chapter (excluding sections 116, 117, 118-A, 123 and 123-A) offences. may, subject to any general or special order of the State Government in this behalf, be compounded either before or after the institution of the prosecution by an officer specially empowered by the State Government in this behalf by notification, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence. (2) Where the offence is so compounded— (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall if in custody, be set at liberty; (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender.”

3. In the Minimum Wages Act, 1948, after section 22-C, the following section Shall be inserted, namely "22-CC. An Officer specially empowered by the State Government in this behalf by notification may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount Of fine fixed for the offence ; and where the offence is so compounded– (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender."

4. In Chapter X of the Factories Act, 1946, after section 106, the following section shall be inserted, namely :— "106-A. the Inspector may, subject to any general or special order Compounding of the State Government in this behalf compound any of offences. offence punishable under this Act with fine only and committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence ;.and where the offence is so compounded— (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ; (ii) (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender."

5. For section 34-A of the Police Act, .1861,. the following section shall be substituted, namely :— "34-A. An offence punishable under section 32 or section 34 may, subject to any general or special order of the State offences under Government in this behalf, be compounded by the sections 32 and District Superintendent of Police, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and when the offence is so compounded— (i) before the institution of the prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender."

6. After section 14 of the Public Gambling Act, 1867, the following secOon shall be inserted, namely :— "14-A An officer specially empowered in this behalf by the State Compounding of Government by notification may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act, either before or after the institution of the prosecution, on realisation of such amount of com-position fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence: and where the offence is so compounded— (i) before the institution of the prosecution the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender. Provided that nothing contained in this section shall authorise the composition of any subsequent offence committed by an offender who has once been convicted for any offence punishable under this Act.

7. In section 564 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 for clause (b), the following shall be substituted, namely :– “ (b) subject to any general or special orders of the State Government in this behalf, compound any Offence punishable under this Act, or . rules, bye-laws or regulations made thereunder, -either before or after dm institution of the prosecution, on realisation of such amount of composi-tion fee as he thinks fit not exceeding the Maximum amount of fine fixed for the. offence ; and where the offence is so compounded :— (i) before the institution of the prosecution ; the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender."

8. In section 36 of the Uttar Pradesh Dookan Aur Vanijya Aclhisthari Adhiniyam, 1962, after sub-section(2), the following sub-section shall be inserted, namely :— "(3) The Chief Inspector may, subject to any- general or special order the State Government in this behalf, compound any offence punishable under this Act, either before after the institution _of the prosecution,' on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded— (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender."

9. Notwithstanding anything 'contained in any other law for the time being in force,— (1) the trial of an accused for— (a) an offence punishable under— 1[(i) the Motor Vehicles Act, 1988, not being such offence which is non-compoundable, or for which mandatory imprisonment is provided, or which falls within the category of a repeat offence; or] (ii) or the Public Gambling Act, 1367, not being- an offence punishable under section 3 of that Act or an offence in respect of wagering punishable under section 13 of that Act ; or (iii) section 34 of the Police Act, 1861 ; or (iv) section 160 of the Indian Penal Code, 1860; or (b) any other offence punishable with fine only, or (2) a proceeding under section 107 or section 109 of the Code of Criminal Procedure, 1973, pending before a Magistrate on the date of commencement of this Act from before 2[December 31, 2021] shall abate.