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30. Penalty for subsequent
offences. � [(1) (Note: Subs. by Act 68 of 1982, sec.25, for sub-section (1)
(w.e.f. 1-2-1983)) Whoever having been convicted of an offence, --
(a) Under clause (b) of
section 27 is again convicted of an offence under that clause, shall be
punishable with imprisonment for a term which shall not be less than two years
but which may extend to six years and with fine which shall not be less than ten
thousand rupees :
Provided that the Court may,
for any adequate and special reasons to be mentioned in the judgement, impose a
sentence of imprisonment for a term of less than two years and of fine of less
than ten thousand rupees :
(b) Under clause (c) of
section 27, is again convicted of an offence under that clause shall be
punishable with imprisonment for a term which shall not be less than two years
but which may extend to four years or with fine which shall not be less than
five thousand rupees, or with both.]
(c) Under clause (d) of
section 27, is again convicted of an offence under that clause shall be
punishable with imprisonment for a term which shall not be less than two years
but which may extend to four years or with fine which shall not be less than
five thousand rupees, or with both.]
[(1A) (Note: Ins. by Act 21 of
1962, sec.20 (w.e.f. 27-7-1964)) Whoever, having been convicted of an offence
under section 27A is again convicted under that section, shall be punishable
with imprisonment for a term which may extend to two years, or with fine which
may extend to [(Note: Subs. by Act 68 of 1982, sec.25, for "one thousand rupees"
(w.e.f. 1-2-1983)) two thousand rupees], or with both.]
(2) Whoever, having been
convicted of an offence under (Note: The words and figures "section 28 or"
omitted by Act 13 of 1964, sec.20 (w.e.f. 15-9-1964)) section 29 is again
convicted of an offence under the same section, shall be punishable with
imprisonment which may extend to [(Note: Subs. by Act 13 of 1964, sec.20, for
"two years") ten years], or with fine, or with both.]
COMMENTS
The first and the second or the
subsequent offences must all relate to the branches of the provisions of this
Act; Kamal Singh v. State , 1957 All LJ 9.
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