Rule 38 Manner of composition of offence
- Chapter
- XII · Offences and Penalties
- Text as on
- As notified 08 May 2026
38. Manner of composition of offence--
(1) The officer notified by the Central Government for the purposes of compounding of offences under sub-section (1) of section 89 (hereinafter referred to as the "compounding officer") shall, send a notice to the accused in FormDefined in rule 2(c): Form means the forms set forth in the Schedule to these rules XV through the designated portal of the Ministry of Labour and Employment.
(2) The accused to whom the notice is served under sub-rule (1), may send the duly filled up application in Part III of FormDefined in rule 2(c): Form means the forms set forth in the Schedule to these rules XV to the compounding officer electronicallyDefined in rule 2(b): electronically means any information submitted by email or uploading on the official portal or digital payment in any mode for the purposes of the Code and deposit the compounding amount electronicallyDefined in rule 2(b): electronically means any information submitted by email or uploading on the official portal or digital payment in any mode for the purposes of the Code, within fifteen days of the receipt of the notice.
(3) Where the prosecution has already been instituted against the accused in the court of competent jurisdiction, the accused may make an application to such court to allow composition of the offence against him and that court may, after considering the application, allow composition of the offence by the compounding officer in accordance with the provisions of section 89 and procedure specified in this rule.
(4) In case the accused is willing to compound by submitting the application under sub-rule (2), the compounding officer shall compound the offence and----
(a) in case the offence is compounded before the institution of prosecution, no complaint for prosecution shall be instituted against the accused;
(b) in case the offence is compounded pending proceeding under section 85 of the CodeDefined in rule 2(a): Code means the Industrial Relations Code, 2020 (35 of 2020), the compounding officer shall inform the composition to the officer referred to in that sectionDefined in rule 2(d): section means a section of the Code. (2) Words and expressions used in these rules which are not defined, but are defined in the Code, shall have their respective meanings assigned to them in the Code., who shall, after such information, close the proceeding in respect of such offence against the accused; and
(c) in case the offence is compounded after the institution of prosecution with the permission of the court, the compounding officer shall treat the case as closed and inform the compounding of the offence to the competent court by which such composition was allowed and after receiving such information, the court shall discharge the accused.