Imposition of minimum fine under certain circumstances
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Summary
If a person is convicted again of a similar motor-vehicle offence within three years of the previous conviction, the court must not impose a fine smaller than one-fourth of the maximum fine for that offence, unless the court records written reasons for doing so. This does not limit the court's power to impose imprisonment up to the statutory maximum when appropriate.
Example
Ravi was convicted for drunk driving. Eighteen months later he was convicted again for the same offence. The court must impose a fine of at least one-fourth of the maximum fine for that offence unless it records written reasons for a lower fine. The court may still impose imprisonment up to the statutory maximum if warranted.
Bare Act
Enacted text(1) Whoever having been convicted of an offence under this Act or the rules made thereunder commits a similar offence on a second or subsequent occasion within three years of the commission of the previous offence, no Court shall, except for reasons to be recorded by it in writing, impose on him a fine of less than one-fourth of the maximum amount of the fine imposable for such offence.
(2) Nothing in sub-section (1) shall be construed as restricting the power of the Court from awarding such imprisonment as it considers necessary in the circumstances of the case not exceeding the maximum specified in this Act in respect of that offence.
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