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1[32B. Factors to be taken into account for imposing higher than the minimum punishment.-- Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under
this Act, the court may, in addition to such factors as it may deem fit, take into account the following
factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine,
namely:--
(a) the use or threat of use of violence or arms by the offender;
(b) the fact that the offender holds a public office and that he has taken advantage of that office in
committing the offence;
(c) the fact that the minors are affected by the offence or the minors are used for the commission
of an offence;
(d) the fact that the offence is committed in an educational institution or social service facility or
in the immediate vicinity of such institution or faculty or in other place to which school children and
students resort for educational, sports and social activities;
(e) the fact that the offender belongs to organised international or any other criminal group which
is involved in the commission of the offence; and
(f) the fact that the offender is involved in other illegal activities facilitated by commission of the
offence.]
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1. Ins. by Act 9 of 2001, s. 14 (w.e.f. 2-10-2001).