Chapter V - Offences and Penalties
Section 48
Section 48: compounding of offences.
The fully substituted 2026 section sets which offences can be compounded, who may compound them and associated complaint, trial and recovery provisions. It is not a blanket right to settle every offence.
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Need advice on Section 48?
This article is for general information. Refer to the Legal Metrology Act, 2009 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Any offence punishable under sections 25 to 39, section 41, sections 45 to 47, any rule made under sub-section (3) of section 52 or any rule made under sub-section (3) of section 53 may, either before or after the institution of the prosecution, be compounded, on payment for credit to the Government of such sum as may be prescribed.
(2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under sections 25 to 39, section 41, or any rule made under sub-section (3) of section 52.
(3) The Controller or legal metrology officer specially authorised by him, may compound offences punishable under sections 25 to 31, sections 33 to 37, section 41, sections 45 to 47, and any rule made under sub-section (3) of section 53: Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded.
(4) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded.
(5) No offence under this Act shall be compounded except as provided by this section.
(6) No court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by— (i) the Director; (ii) the Controller; (iii) any officer authorised by them.
(7) If the person does not compound the offence, shall be tried by the Magistrate in accordance with the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).
(8) Where the offender fails to pay the fine imposed by the Magistrate, such fine and costs of prosecution shall be recoverable as provided under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023): Provided that in case of failure to pay the fine, such fine shall be recoverable in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), and any order of the Magistrate shall be deemed executable as a decree for recovery of money.
Introduction
Compounding may cover offences under sections 25–39, 41 and 45–47, and breaches of rules under sections 52(3) and 53(3). Sections 40 and 42–44 are not in that list. The provision permits compounding before or after prosecution begins.
The power is permissive and the sum must be prescribed and credited to Government. The maximum-fine cap is stated in the proviso to subsection (3), attached to the Controller route; do not silently generalise it to every compounding route. The 2026 replacement removed the former three-year repeat-offence bar. Keep the compounding order, authority, offence citation and payment proof.
Key takeaways
Trigger
Compounding may cover offences under sections 25–39, 41 and 45–47, and breaches of rules under sections 52(3) and 53(3). Sections 40 and 42–44 are not in that list. The provision permits compounding before or after prosecution begins.
Consequence or process
For central matters the Director or specially authorised officer may compound sections 25–39, 41 and section 52(3) rule offences. For State matters the Controller or specially authorised officer may compound sections 25–31, 33–37, 41, 45–47 and section 53(3) rule offences. Once compounded, no proceeding or further proceeding is taken for that offence. A written complaint by the Director, Controller or their authorised officer is required for court cognizance. If the offence is not compounded, subsection (7) refers to Magistrate trial under the Bharatiya Nagarik Suraksha Sanhita; subsection (8) addresses recovery of unpaid fine and costs.
Important limit
The power is permissive and the sum must be prescribed and credited to Government. The maximum-fine cap is stated in the proviso to subsection (3), attached to the Controller route; do not silently generalise it to every compounding route. The 2026 replacement removed the former three-year repeat-offence bar. Keep the compounding order, authority, offence citation and payment proof.
Who and what the section covers
Compounding may cover offences under sections 25–39, 41 and 45–47, and breaches of rules under sections 52(3) and 53(3). Sections 40 and 42–44 are not in that list. The provision permits compounding before or after prosecution begins.
Consequence and statutory process
For central matters the Director or specially authorised officer may compound sections 25–39, 41 and section 52(3) rule offences. For State matters the Controller or specially authorised officer may compound sections 25–31, 33–37, 41, 45–47 and section 53(3) rule offences. Once compounded, no proceeding or further proceeding is taken for that offence. A written complaint by the Director, Controller or their authorised officer is required for court cognizance. If the offence is not compounded, subsection (7) refers to Magistrate trial under the Bharatiya Nagarik Suraksha Sanhita; subsection (8) addresses recovery of unpaid fine and costs.
Practical steps
Check the exact offence against subsection (1).
Verify the Director or Controller’s authority and the applicable prescribed sum.
Keep the compounding order and payment proof.
Hypothetical example
A business offered compounding checks the cited section, empowered officer and prescribed sum before payment. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
The power is permissive and the sum must be prescribed and credited to Government. The maximum-fine cap is stated in the proviso to subsection (3), attached to the Controller route; do not silently generalise it to every compounding route. The 2026 replacement removed the former three-year repeat-offence bar. Keep the compounding order, authority, offence citation and payment proof.
Official sources
Practical checklist
Do
- Check the exact offence against subsection (1).
- Verify the Director or Controller’s authority and the applicable prescribed sum.
- Keep the compounding order and payment proof.
Avoid
- Do not assume offences under sections 40 or 42–44 are compoundable under this list.
- Do not use the Director’s list for a Controller-led compounding, or extend the subsection (3) fine-cap proviso to every route.
- Do not import the former three-year repeat-offence bar from the superseded section 48.
Glossary
- Compounding
- A permitted statutory settlement of a listed offence on prescribed payment to Government by an empowered officer.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 48?
Compounding may cover offences under sections 25–39, 41 and 45–47, and breaches of rules under sections 52(3) and 53(3). Sections 40 and 42–44 are not in that list. The provision permits compounding before or after prosecution begins.
What is the statutory consequence or process?
For central matters the Director or specially authorised officer may compound sections 25–39, 41 and section 52(3) rule offences. For State matters the Controller or specially authorised officer may compound sections 25–31, 33–37, 41, 45–47 and section 53(3) rule offences. Once compounded, no proceeding or further proceeding is taken for that offence. A written complaint by the Director, Controller or their authorised officer is required for court cognizance. If the offence is not compounded, subsection (7) refers to Magistrate trial under the Bharatiya Nagarik Suraksha Sanhita; subsection (8) addresses recovery of unpaid fine and costs.
What is the key limit to check?
The power is permissive and the sum must be prescribed and credited to Government. The maximum-fine cap is stated in the proviso to subsection (3), attached to the Controller route; do not silently generalise it to every compounding route. The 2026 replacement removed the former three-year repeat-offence bar. Keep the compounding order, authority, offence citation and payment proof.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026