Section 28 of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
- (1)Any offence committed under section 4 or section 6 may either before or after the institution of the prosecution be compounded by such officer authorised by Central Government or State Government and for an amount which may not exceed two hundred rupees.
- (2)Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.
Summary
- Minor offences under Section 4, which is smoking in public, and Section 6, which is selling to minors or near schools, can be compounded, which means settled without a full trial.
- This settlement can happen either before or after the formal court prosecution has started.
- Only officers authorised by the Central Government or State Government have the power to settle these cases.
- The maximum settlement amount cannot exceed two hundred rupees.
- Once a case is settled, the offender is immediately released from custody, and all legal proceedings against them stop.
Practical examples
FAQ
1. What does compounding an offence mean under Section 28 of the Cigarettes and Other Tobacco Products Act, 2003?
Under Section 28 of the Cigarettes and Other Tobacco Products Act, 2003, compounding means resolving or settling the offence outside of court by paying a small fee to an authorised officer, which ends all legal action.
2. Which specific violations can be settled or compounded under Section 28 of the Cigarettes and Other Tobacco Products Act, 2003?
Under Section 28 of the Cigarettes and Other Tobacco Products Act, 2003, only offences under Section 4, which is smoking in a public place, and Section 6, which is selling tobacco to minors or near educational institutions, can be compounded.
3. What is the maximum money someone can be charged to settle a case under Section 28 of the Cigarettes and Other Tobacco Products Act, 2003?
Under Section 28 of the Cigarettes and Other Tobacco Products Act, 2003, the maximum amount that an authorised officer can charge to compound an offence is two hundred rupees.
4. Can a person settle a tobacco case under Section 28 of the Cigarettes and Other Tobacco Products Act, 2003, after the trial has already begun?
Yes. Section 28 of the Cigarettes and Other Tobacco Products Act, 2003, allows an offence to be compounded either before or after the prosecution has officially started in court.
Test yourself
Q1.Under Section 28 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, if an individual in custody for an offence under the Act, which is bailable under Section 27, has their offence compounded, what is the immediate legal consequence?
Q2.Under Section 28 of the national tobacco control law of 2003, which of the following offences can be legally compounded?
Q3.Under Section 28 of the 2003 tobacco regulation law, who is legally allowed to compound or settle the specified minor offences?
Q4.Under Section 28 of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, what is the statutory monetary cap for compounding any single offence?