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

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THE UTTAR PRADESH CRIMINAL LAW (COMPOSITION OF
OFFENCES AND ABATEMENT OF TRIALS) (AMENDMENT)
ACT, 1979
(U. P. Act No. 35 of 1979)
Amended by
U.P. Act No. 29 of 2016
U.P. Act No. 09 of 2018
U.P. Act No. 21 of 2019
U.P. Act No. 04 of 2023
In pursuance of the provisions of clause (3) of Article 348 of the
Constitution of India, the Governor is pleased to order the publication
of the following English translation of t he Uttar Pradesh Dand Vidhi
(Apradho Ka Shama n Aur Vicharano Ka Upashaman) (Sanshodhan)
Adhiniyam, 1979 (Uttar Pradesh Adhiniyam Sankhya 35 of 1979) as
passed by the Uttar Pradesh Legislature and assented to by the
President on December 18, 1979 and published in the Uttar Pradesh
Gazette Extraordinary, dated December 21, 1979.
AN
ACT
further to amend the Motor Vehicles Act, 1939, the Minimum
Wages Act, 1948, the Factories Act, 1948, the Police Act, 1861 and the
Public Gambling Act, 1867 (in their application to Uttar Pradesh) and
the Uttar Pradesh' Nagar Mahapalika Adhiniyam, 1959, and the Uttar
Pradesh Dookan Aur Vanijya Adh isthan Adhiniyam, 1962 with a view
to provide for the composition of certain offences and abatement of
certain criminal trials.
IT IS HEREBY enacted in the Thirtieth-Year of the Republic of India
as follows :—
1. (1) This Act may be called the Utt ar 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 punish able 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 G overnment 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 prosecu tion, the offender shall not be
liable to prosecution for such offence and shall if in custody, be set at liberty;
Short title and
extent
Insertion of
new section
131-B in Act
no. 4 of 1939
1
[The Uttar Pradesh criminal law (composition of offences and abatement of trials) (amendment) Act, 1979]
(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, eith er 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 t hinks 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 :—
Insertion of
new section 22-
CC, in Act no.
11 óf 1948
Compounding
of offences

Insertion of
new section
106-A in Act
no. 63 of 1948.
Compounding
of offences
Amendment of
section 34-A of
Act no. 5 of
1861
Compounding
of offences
under section
32 and 34
Insertion of
new section 14-
A in Act no. 3
of 1867
2
[The Uttar Pradesh criminal law (composition of offences and abatement of trials) (amendment) Act, 1979]

"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 pros ecution for such offence and shall, if in custody,
be set at liberty;
(ii) after the institu tion 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 prosecuti on 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 or der
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;
Compounding
of offences.
Amendment of
section 564 of
U.P. Act no. 2
of 1959
Amendment of
section 36 of
U.P. Act no. 26
of 1962
3
[The Uttar Pradesh criminal law (composition of offences and abatement of trials) (amendment) Act, 1979]
(ii) after the institution of the prosecution, the composition shal l
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; 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.

————

1. Subs. by sec. 2(a) of U.P. Act no. 29 of 2016.
2. Subs. by sec. 2 of U.P. Act no. 4 of 2023.
Abatement of
certain trials
4

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