Section 56 of The Code on Wages, 2019
Composition of offences.
- (1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Code, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted Officer, as the appropriate Government may, by notification, specify, for a sum of fifty per cent. of the maximum fine provided for such offence, in the manner as may be prescribed.
- (2)Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date--
- (i)of commission of a similar offence which was earlier compounded;
- (ii)of commission of similar offence for which such person was earlier convicted.
- (3)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 appropriate Government.
- (4)Every application for the compounding of an offence shall be made in such manner as may be prescribed.
- (5)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.
- (6)Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing, to the notice of the court in which the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.
- (7)Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to such fine.
- (8)No offence punishable under the provisions of this Code shall be compounded except under and in accordance with the provisions of this section.
Summary
- This provision allows for the settlement of certain offences by paying a specific sum of money instead of going through a full trial.
- A Gazetted Officer appointed by the government has the power to handle these settlement applications.
- The cost to settle is exactly fifty per cent of the maximum fine allowed for that specific offence.
- Settlement is not allowed for repeat offences committed within five years of a previous settlement or conviction.
- If a settlement is reached after a court case has started, the person is discharged and the case ends.
- Failing to follow a settlement order results in an extra penalty of twenty per cent of the maximum fine in addition to the fine itself.
Practical examples
FAQ
1. What is the cost to settle an offence under Section 56 of The Code on Wages, 2019?
Under Section 56 of the Act, the settlement sum is fifty per cent of the maximum fine provided for that offence.
2. Can a repeat offender settle their case using Section 56 of the Wage Code?
No, Section 56 of the Code on Wages, 2019, prohibits settlement if a similar offence was committed and settled or resulted in a conviction within the last five years.
3. Who has the authority to approve a settlement under Section 56 of the 2019 Act?
A Gazetted Officer specifically notified by the appropriate government is authorised to compound or settle offences under Section 56 of the Code on Wages, 2019.
Test yourself
1.Under Section 56 of the Code on Wages, 2019, which type of offence cannot be settled or compounded?
2.What happens if an employer settles an offence under Section 56 of the Wage Code after a court case has already been filed?
3.According to Section 56 of the 2019 Act, how long must a person wait after a previous settlement before they are eligible to settle a similar offence again?
4.If an employer attempts to "contract out" of their obligations as prohibited by Section 60 and is fined, can they apply for settlement under Section 56 of the Wage Code?