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Union of India - Section

Section 12A in The Aircraft Act, 1934

12A. Composition of offences.-

(1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under sections 10,11,11A,11B and section 12 or under any rules made thereunder, may be compounded, either before or after the institution of any prosecution, by the Director General of CivilAviation or Director General of Bureau of CivilAviation Security or Director General ofAircraft Accidents Investigation Bureau, as the case may be, in such manner as the Central Government may, by notification in the Official Gazette, make rules.
(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 of commission of a similar offence which was earlier compounded or 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 Central Government.
(4)Every application for the compounding of an offence shall be made in such manner as the Central Government may, by notification in the Official Gazette, make rules.
(5)Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence by an officer referred to in sub-section ( 1) 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 to the notice of the court in whichthe prosecution is pending, in writing, by the officer referred to in sub-section (1), 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)The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(8)No offence specified in sub-section ( 1) shall be compounded except as provided in this section.