Which case has the highest level of Punishment
7 months ago
Which case, between hurting religious sentiments by pouring toilet on a shivling (Article 295A) and the illegal selling of 5 kg crude liquor and 1 kg urea, carries the highest level of punishment under the respective legal provisions?
A.Dear client,
The level of punishment for both types of offenses will depend on various factors, including the specific charges filed, the evidence presented, and the discretion of the court. It's essential to consult with a legal expert or attorney to understand the precise legal provisions and potential penalties applicable to a particular case.
The level of punishment for both types of offenses will depend on various factors, including the specific charges filed, the evidence presented, and the discretion of the court. It's essential to consult with a legal expert or attorney to understand the precise legal provisions and potential penalties applicable to a particular case.
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A.Please Read
THE ESSENTIAL COMMODITIES ACT, 1955
7. Penalties.―1
[(1) If any person contravenes any order made under Section 3,―
(a) he shall be punishable,―
(i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2)
of that section, with imprisonment for a term which may extend to one year and shall also be
liable to fine, and
(ii) in the case of any other order, with imprisonment for a term which shall not be less
than three months but which may extend to seven years and shall also be liable to fine:
Provided that the court may, for any adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than three months;
(b) any property in respect of which the order has been contravened shall be forfeited to the
Government;
(c) any package, covering or receptacle in which the property is found and any animal,
vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be
forfeited to the Government.
(2) If any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails
to comply with the direction, he shall be punishable with imprisonment for a term which shall not be
less than three months but which may extend to seven years and shall also be liable to fine:
Provided that the court may, for any adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than three months.
(2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or
under sub-section (2) is again convicted of an offence under the same provision, he shall be
punishable with imprisonment for the second and for every subsequent offence for a term which shall
not be less than six months but which may extend to seven years and shall also be liable to fine:
Provided that the court may, for any adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than six months.
(2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause
(ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the
general public or to any individual shall be an adequate and special reason for awarding a sentence of
imprisonment for a term of less than three months or six months, as the case may be.
2
[(3) Where a person having been convicted of an offence under sub-section (1) is again convicted
convicted of an offence under that sub-section for contravention of an order in respect of an essential
commodity, the court by which such person is convicted shall, in addition to any penalty which may
be imposed on him under that sub-section, by order, direct that that person shall not carry on any
business in that essential commodity for such period, not being less than six months, as may be
specified by the Court in the Order.]
THE ESSENTIAL COMMODITIES ACT, 1955
7. Penalties.―1
[(1) If any person contravenes any order made under Section 3,―
(a) he shall be punishable,―
(i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2)
of that section, with imprisonment for a term which may extend to one year and shall also be
liable to fine, and
(ii) in the case of any other order, with imprisonment for a term which shall not be less
than three months but which may extend to seven years and shall also be liable to fine:
Provided that the court may, for any adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than three months;
(b) any property in respect of which the order has been contravened shall be forfeited to the
Government;
(c) any package, covering or receptacle in which the property is found and any animal,
vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be
forfeited to the Government.
(2) If any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails
to comply with the direction, he shall be punishable with imprisonment for a term which shall not be
less than three months but which may extend to seven years and shall also be liable to fine:
Provided that the court may, for any adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than three months.
(2A) If any person convicted of an offence under sub-clause (ii) of clause (a) of sub-section (1) or
under sub-section (2) is again convicted of an offence under the same provision, he shall be
punishable with imprisonment for the second and for every subsequent offence for a term which shall
not be less than six months but which may extend to seven years and shall also be liable to fine:
Provided that the court may, for any adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than six months.
(2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause
(ii) of clause (a) of sub-section (1) or under sub-section (2) has caused no substantial harm to the
general public or to any individual shall be an adequate and special reason for awarding a sentence of
imprisonment for a term of less than three months or six months, as the case may be.
2
[(3) Where a person having been convicted of an offence under sub-section (1) is again convicted
convicted of an offence under that sub-section for contravention of an order in respect of an essential
commodity, the court by which such person is convicted shall, in addition to any penalty which may
be imposed on him under that sub-section, by order, direct that that person shall not carry on any
business in that essential commodity for such period, not being less than six months, as may be
specified by the Court in the Order.]
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A.Dear Sir,
It is the wisdom of police to cite the sections depending upon ingredients of each sections. Then the magistrate have ample powers to frame charges under different sections if suitable application is filed before the court.
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Section 295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.Previous Next
1[Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 2 [citizens of India], 3 [by words, either spoken or written, or or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4 [three years], or with fine, or with both.]
It is the wisdom of police to cite the sections depending upon ingredients of each sections. Then the magistrate have ample powers to frame charges under different sections if suitable application is filed before the court.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Section 295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.Previous Next
1[Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 2 [citizens of India], 3 [by words, either spoken or written, or or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4 [three years], or with fine, or with both.]
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