The Commissioner of the Municipal Corporation does not have the power to compound offences under the Bombay Provincial Municipal Corporations Act, 1949, as such offences are non-compoundable under the Criminal Procedure Code.

CHANDRACHUD J.- This revision application raises a question of some interest and importance. Stated briefly the question is whether the Commissioner for the Municipal Corporation of Sholapur has power to compound an offence committed by respondent No.1 under rule 29 (1) (d) of Chapter VIII of the Schedule to the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter called "the Act"). Respondent No.1 brought a scooter within the limits of the Municipal Corporation on February 6, 1957, without paying the octroi duty. On March 15, 1967, the Municipal Corporation filed the present complaint against him, charging him of the offence of importing the scooter without the payment of duty. The Municipal Commissioner compounded the offence on May 29,1967, presumably in the purported exercise of the power conferred upon him by the bye-laws of the Municipality. Respondent No.1 then filed a pursis before the learned Magistrate that the offence was compounded and, therefore, the complaint should be disposed of after recording the composition. By his order dated July 24, 1967, the learned Magistrate has held that the Commissioner has no power to compound the offence and therefore, the composition cannot he recorded. The correctness of this order is challenged in this revision application. The matter had come up for hearing before Wagle J., who referred it to a Division Bench.

2. For a proper decision of the question whether the Commissioner has the power to compound the offence, it would be necessary to consider the relevant provisions of the Criminal Procedure Code and of the Act. Section 1, sub-section (2) of the Criminal Procedure Code provides, to the extent it is material, that in the absence of any specific provision to the contrary, nothing in the Code shall affect any special or local law for the time being in force. Section 5, sub-section (1) of the Code provides that all offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code. Sub-section (2) of section (2) provides that all offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Criminal Procedure Code, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Section 345 of the Code which deals with composition of offences consists of seven Rub-sections. Sub-section (1) provides for the composition of certain offences under the Indian Penal Code by the persons mentioned in the Table. Sub-section (2) provides for the composition of certain other offences under the Indian Penal Code with the permission of the Court. Sub-section (7) provides that no offence shall be compounded except as provided by section 345. Sub-sections (3) to (6) are not relevant for our purpose.

3. Two schedules were originally appended to the Code of Criminal Procedure, but the first schedule was repealed by Act No. X of 1914. The second schedule contains a Tabular Statement of Offences and one of the columns of the Table viz. Column No.6, prescribes whether the particular offence is compoundable or not. The Schedule can be roughly divided into two parts, the first part dealing with the offences under the Indian Penal Code and the second part with offences against laws other than the Indian Penal Code. The second part which is headed "Offences against other Laws" provides in effect that no offence against any law other than the Indian Penal Code can be compounded. The second part deals with offences of four different categories. The first category relates to offences punishable with death, imprisonment for life or with imprisonment for seven years or upwards. The second category deals with offences punishable with imprisonment for three years and upwards but less than seven years. The third category deals with offence