The Central Excise Act, 1944 · II — LEVY AND COLLECTION OF DUTY

Section 9A. Certain offences to be non-cognizable

In force · As amended up to 2026-08

2[ 9A. Certain offences to be non-cognizable .— 3[(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offences under Section 9, except the offences referred to in subsection (1A), shall be non-cognizable within the meaning of that Code. (1A) The offences relating to excisable goods where the duty leviable thereon under this Act exceeds fifty lakh rupees and punishable under clause (b) or clause (bbbb) of sub-section (1) of Section 9, shall be cognizable and non-bailable.] 4[(2) Any offence under this chapter may, either before or after the institution of prosecution, be compounded by the[5] [Principal Chief Commissioner of Central Excise or Chief Commissioner of Central Excise] on payment, by the person accused of the offence to the Central Government, of[6] [such compounding amount and in such manner of compounding] as may be prescribed:] 7[Provided that nothing contained in this sub-section shall apply to— 1. Ins. by Act 36 of 1973, s. 20(ii). 2. Ins. by ibid , s. 21. 3. Subs. by Act 17 of 2013, s. 89, for (1) 4. Ins. by Act 23 of 2004, s. 79. 5. Subs. by Act 25 of 2014, s. 95, for "Chief Commissioner of Central Excise". 6. Subs. by Act 33 of 2009, s. 104(i) for "such compounding amount". 7. Ins. by ibid , s. 104(ii). (a) a person who has been allowed to compound once in respect of any of the offences under the provisions of clause (a), (b), (bb), (bbb), (bbbb) or (c) of sub-section (1) of Section 9; (b) a person who has been accused of committing an offence under this Act which is also an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); (c) a person who has been allowed to compound once in respect of any offence under this chapter for goods of value exceeding rupees one crore; (d) a person who has been convicted by the court under this Act on or after the 30th day of December, 2005.]

Source: India Code

How this section changed

  1. inserted by Act 36 of 1973, s. 21

    Date not stated in the footnote

    Footnote: 2. Ins. by ibid , s. 21.

  2. substituted by Act 17 of 2013, s. 89

    Date not stated in the footnote

    Footnote: 3. Subs. by Act 17 of 2013, s. 89, for (1)

  3. inserted by Act 23 of 2004, s. 79

    Date not stated in the footnote

    Footnote: 4. Ins. by Act 23 of 2004, s. 79.

  4. substituted by Act 25 of 2014, s. 95

    Date not stated in the footnote

    Earlier wording: “Chief Commissioner of Central Excise”

    Footnote: 5. Subs. by Act 25 of 2014, s. 95, for "Chief Commissioner of Central Excise".

  5. substituted by Act 33 of 2009, s. 104(i)

    Date not stated in the footnote

    Earlier wording: “such compounding amount”

    Footnote: 6. Subs. by Act 33 of 2009, s. 104(i) for "such compounding amount".

  6. inserted by Act 33 of 2009, s. 104(ii)

    Date not stated in the footnote

    Footnote: 7. Ins. by ibid , s. 104(ii).