PUNJAB SENTENCING ACT 2019

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THE PUNJAB SENTENCING ACT 2019 
 (XXXIV of 2019) 
CONTENTS 
Part I 
INTRODUCTION 
 
1. Short title, extent and commencement 
2. Definitions  
Part II 
GENERAL PROVISIONS ABOUT SENTENCING 
 
3. Scope and application of the Act 
4. Purpose of sentencing 
5. Determining the sentence 
6. Determining the seriousness of an offence  
7. Aggravating and mitigating factors 
Part III 
SPECIAL PROVISIONS ABOUT SENTENCING 
 
8. Sentences for cases involving violence against or neglect of child under 
 14 years 
9. Sentences for cases involving religious aggravation 
10. Sentences for aggravation related to terrorist activities 
11. Sentencing under laws designed to protect the public from injury 
12. Reduction in sentences for guilty pleas 
Part IV 
PROCEDURE 
 
13. Issues to be stated in judgment  
14. Procedure to be followed in arriving at sentence 
15. Notice to prosecution 
Part V 
SENTENCING COUNCIL 
 
 
 
16. Establishment of Sentencing Council  
17. Composition of the Council 
18. Chairperson of the Council 
19. Term of office 
20. Appointment of employees of the Council 
21. Functions of the Council 
22. Court to consider sentencing guidelines 
23. Publication of annual reports 
Part VI 
MISCELLANEOUS 
24. Power to make rules 
SCHEDULE 
(Sentencing Table) 
 
 
  
 
 
TEXT 
1
THE PUNJAB SENTENCING ACT 2019 
 (XXXIV of 2019) 
    [13th December, 2019] 
An 
Act 
to lay down factors to be considered by courts while passing sentences to improve 
consistency in sentencing. 
It is necessary to lay down the factors to be considered by the courts while passing 
sentences to improve consistency in sentencing and for the matters connected 
therewith and incidental thereto. 
Be it enacted by Provincial Assembly of the Punjab as follows:  
Part I 
INTRODUCTION 
1. Short title, extent and commencement.– (1) This Act may be cited as the 
Punjab Sentencing Act 2019. 
(2) It extends to whole of the Punjab. 
(3) It shall come into force on such date as the Government may, by 
Notification in the official Gazette, appoint. 
2. Definitions.– In the Act: 
(a) “Act” means the Punjab Sentencing Act 2019; 
(b) “aggravating factors” means the factors mentioned in subsection (1) of 
section 7 of the Act; 
(c) “Council” means the Sentencing Council established under section 16 
of the Act; 
(d) “custodial sentence” means sentence curtailing the liberty of an 
offender by means of imprisonment; 
(e) “Government” means Government of the Punjab; 
(f) “mitigating factors” means the factors mentioned in subsection (2) of 
section 7 of the Act; 
(g) “proscribed organization” means an organization proscribed under the 
Anti-Terrorism Act, 1997 (XXVII of 1997); 
(h) “prosecutor” means a public prosecutor appointed under the Punjab 
Criminal Prosecution Service (Constitution, Functions and Powers) Act, 
2006 (III of 2006) but does not include a private prosecutor whether 
appearing with permission of the public prosecutor or otherwise; 
(i) “public order offence” means any offence which may lead to public 
disorder or a breach of the public peace, nuisance, affray or rioting;  
                                                      
1This Act was passed by Provincial Assembly of the Punjab on 27 November 2019; assented to by the Governor of the Punjab 
on 10 December 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 13 December 2019, pp.2637-2643. 
 
 
(j) “regulatory offence” means an offence under a provincial law which 
prescribes the manner of doing a thing, or prohibits the doing of a thing 
in a manner not approved or prescribed by law; 
(k) “Schedule” means the Schedule appended to the Act; 
(l) “sentence” means the punishment awarded by a judge or a magistrate 
to a person who has been convicted of a crime; 
(m) “terrorist offence” means an offence under the Anti-Terrorism Act, 1997 
(XXVII of 1997); and 
(n) “time range of imprisonment” means the time range of imprisonment 
that the relevant statute provides for conviction of an offence;  
Part II  
GENERAL PROVISIONS ABOUT SENTENCING 
3. Scope and application of the Act.– (1) The provisions of the Act shall be 
applicable in cases where a time range of imprisonment is a punishment.  
 (2) The provisions of the Act shall not be applicable in cases where capital 
punishment is provided within the range of punishments. 
4. Purpose of sentencing.– A court dealing with an offender in respect of his 
offence shall have regard to the purposes of sentencing being the: 
(a) punishment of offenders; 
(b) reduction of crime including its reduction by deterrence; 
(c) reform and rehabilitation of offenders; 
(d) protection of the public; and 
(e) making of reparation by offenders to persons affected by their offences. 
5. Determining the sentence.– In determining a sentence, the court shall take 
into account:  
(a) the purpose of sentencing as defined in section 4 of the Act; and 
(b) seriousness of an offence under the provisions of the Act. 
6. Determining the seriousness of an offence.– In considering the 
seriousness of any offence, the court shall consider the aggravating and mitigating 
factors proved during trial.  
7. Aggravating and mitigating factors.– (1) In sentencing or otherwise dealing 
with an offender, the court shall take into account the following aggravating factors to 
the extent that they are applicable in the case: 
(a) that the offence involved actual or threatened violence or the 
actual or threatened use of a weapon; 
(b) that the offence involved unlawful entry into, or unlawful 
presence in, a dwelling place; 
(c) that the offence was committed while the offender was on bail or 
still subject to a sentence; 
(d) the extent of any loss, damage, or harm resulting from the 
offence; 
 
 
(e) marked cruelty in the commission of the offence; 
(f) that the offender was abusing a position of trust or authority in 
relation to the victim; 
(g) that the victim was a police officer, a prosecutor or a judge 
acting in the course of his or her duty; 
(h) that the victim was particularly vulnerable because of his or her 
age or health or because of any other factor known to the 
offender; 
(i) that the offender committed the offence partly or wholly because 
of hostility towards a group of persons who have an enduring 
common characteristic such as race, color, nationality, religion, 
gender identity, sexual orientation, age, or disability: 
(i) the hostility is because of the common characteristic; and 
(ii) the offender believed that the victim has that 
characteristic; 
(j) the nature and extent of any connection between the offence 
and the offender's: 
(i) participation in a proscribed organization; and 
(ii) involvement in any other form of organized criminal 
association; 
(k) premeditation on the part of the offender and, if so, the level of 
premeditation involved; 
(l) the number, seriousness, date, relevance, and nature of any 
previous convictions of the offender and of any convictions for 
which the offender is being sentenced or otherwise dealt with at 
the same time; and 
(m) any failure by the offender personally (or failure by the offender's 
lawyer arising out of the offender's instructions to, or failure or 
refusal to co-operate with, his or her lawyer) to comply with a 
procedural requirement that, in the opinion of the court, has 
done either or both of the following: 
(i) caused a delay in the disposition of the proceedings; and 
(ii) had an adverse effect on a victim or witness. 
(2) In sentencing or otherwise dealing with an offender, the court shall take 
into account the following mitigating factors to the extent that they are applicable in 
the case: 
(a) the age of the offender; 
(b) whether and when the offender pleaded guilty; 
(c) the conduct of the victim; 
(d) that there was a limited involvement of the offender in the 
offence; 
(e) that the offender has, or had at the time the offence was 
committed, diminished intellectual capacity or understanding; 
(f) any remorse shown by the offender;  
 
 
(g) any actions taken by the offender to undo the loss or injury 
caused by him; 
(h) that the offender has taken steps during the proceedings (other 
than steps to comply with procedural requirements) to shorten 
the proceedings or reduce their cost: 
(i) any adverse effects on the offender of a delay in the disposition 
of the proceedings caused by a failure by the prosecutor/law 
enforcement agencies and any other agency associated with the 
trial, to comply with a procedural requirement; and 
(j) any evidence of the previous good character of the offender. 
(3) Nothing in subsection (1) or subsection (2) shall: 
(a) prevent the court from taking into account any other aggravating 
or mitigating factor that the court may think fit; or 
(b) imply that a factor referred to in the aforementioned subsections 
shall be given greater weight than any other factor that the court 
may have taken into account. 
 (4) The court shall take into account the mutual exclusivity of the mitigating 
and aggravating factors and only in special circumstances, to be explicitly mentioned 
in the judgment, may treat them concurrently. 
Part III 
SPECIAL PROVISIONS ABOUT SENTENCING 
8. Sentences for cases involving violence against or neglect of child under 
14 years.– (1) This section shall apply if the court is sentencing or otherwise dealing 
with an offender in a case involving serious violence against a child under the age of 
fourteen years in the following circumstances: 
(a) the defenselessness of the victim; 
(b) in relation to any harm resulting from the offence, any serious or 
long-term physical or psychological effect on the victim; 
(c) the magnitude of the breach of any relationship of trust between 
the victim and the offender; 
(d) threats by the offender to prevent the victim reporting the 
offence; and 
(e) deliberate concealment of the offending from authorities. 
(2) The court shall treat the facts provided in subsection (1) as aggravating 
factors. 
9. Sentences for cases involving religious aggravation.– (1) This section 
shall apply where a court is determining the sentence of an offence pertaining to any 
of the provisions envisaged under any law relating to death, serious injury, criminal 
damage, public order offences and harassment in the circumstances where the 
offender has demonstrated continued hostility towards the victim because of his 
religious beliefs or the religious denomination to which the victim belongs. 
 (2) If the offence was religiously aggravated, the court shall: 
(a) treat that fact as an aggravating factor; and 
(b) state in the judgment that the offence was so aggravated. 
 
 
10. Sentences for aggravation related to terrorist activities.– (1) This section 
shall apply where the court is determining the sentence of a terrorist offence, and the 
offender demonstrated hostility towards the victim or intended victim immediately 
before or after the commission of the offence because of his or her: 
(a) religious beliefs; 
(b) political ideology; and 
(c) cultural outlook. 
(2) The court shall treat the facts provided in subsection (1) as aggravating 
factors. 
11. Sentencing under laws designed to protect the public from injury.– (1) 
This section shall apply where the court is determining the sentence of a regulatory 
offence committed in any of the following circumstances: 
(a) a serious injury was caused to one or more persons as a 
consequence of the offense; 
(b) the offender had been warned to take remedial action but had 
omitted to do so; and 
(c) the offender had taken action to thwart a law enforcement 
agency from inspecting or otherwise dealing with the offence in 
accordance with law. 
(2) The court shall treat the facts provided in subsection (1) as aggravating 
factors. 
12. Reduction in sentences for guilty pleas.– (1) In determining what sentence 
to pass on an offender who has pleaded guilty to an offence in proceedings before 
the court, the court shall take into account: 
(a) the stage in the proceedings at which the offender indicated his 
intention to plead guilty, and if such plea is made at the outset or 
substantially saves the time of the court, the court shall reduce 
by one fourth the custodial period calculated for the offence on 
the basis of section 7 of the Act; and 
(b) the circumstances in which the above indication was given if 
such circumstances render the possibility of sufficing the 
purposes of sentencing. 
(2) Nothing in this section shall bind a court to pass a lower sentence in 
which sentencing factor pertaining to marked cruelty is proved against the offender. 
Part IV 
PROCEDURE 
13. Issues to be stated in judgment.– (1) A judgment shall indicate whether a 
custodial sentence or other sentence is the most appropriate and shall include 
reasons for the same. 
(2) Where the court imposes a custodial sentence it shall indicate the 
mitigating factors in existence if it imposes a sentence in Zone A or B and 
aggravating factors if it imposes a sentence in Zone C or D contained in the 
Schedule.  
 
 
 
14. Procedure to be followed in arriving at sentence.– (1) A sentencing court 
shall assess the following before deciding the sentence: 
(a) whether there is a statutory minimum sentence or mandatory 
sentence that must be imposed in case of a guilty verdict; 
(b) whether there is a sentencing guideline on the subject and its 
recommendations; 
(c) the aggravating and mitigating factors involved;  
(d) the impact of the crime on the victim or potential victim; and 
(e) the sentences of other accused in the case if already convicted 
and sentenced. 
(2) The Court, before imposing the sentence, shall consider the medical 
and educational reports of the offender. 
15. Notice to prosecution.– Where a court proposes to impose a fine only in an 
offence where a sentence of imprisonment of more than twelve months or fine may 
be imposed by law, the court shall provide an opportunity to the prosecutor or 
prosecuting agency to address the court on sentencing. 
Part V 
SENTENCING COUNCIL 
16. Establishment of Sentencing Council.– As soon as may be, the 
Government shall establish a Sentencing Council which shall perform its functions 
under the Act.  
17. Composition of the Council.– (1) The Council shall consist of such number 
of members, including the Chairperson, as may be specified by the Government but 
such number shall not be less than five or more than seven. 
 (2) A member shall be a person who is known for his integrity, expertise, 
experience and eminence in law, social policy and/or criminal justice. 
 (3) The Government may appoint members of the Council from serving or 
retired civil servants, prosecutors, judges, lawyers and criminal justice practitioners 
on such remuneration and allowances as the Government may determine. 
18. Chairperson of the Council.– (1) The Government shall appoint one of the 
members as the Chairperson of the Council, and no member shall be appointed 
Chairperson for more than two consecutive terms. 
(2) The Government shall appoint a chief executive officer of the Council 
who shall be responsible for the day to day administration of the affairs of the 
Council and shall act subject to the regulations made by the Council. 
19. Term of office.– Each member shall be appointed for a term not exceeding 
three years from the day of his appointment as a member. 
20. Appointment of employees of the Council.– The Government may, from 
time to time, employ persons to be employees of the Council, who shall be paid such 
remuneration and allowances and shall hold their employment on such terms and 
conditions as may be determined by the Government. 
 
 
21. Functions of the Council.– The Council shall perform the following 
functions: 
(a) develop and issue sentencing guidelines which are in consonance with 
the provisions of the Act;  
(b) monitor and assess the impact of sentencing provisions and guidelines 
on Sentencing practice;  
(c) consider the impact of policy and legislative proposals relating to 
sentencing, when requested by the Government; 
(d) promote awareness amongst the public regarding the realities of 
sentencing and publishing information regarding sentencing practice in 
Magistrates’ and Sessions court. 
(e) consider the impact of sentencing decisions on victims; and 
(f) play a greater part in promoting understanding of, and increasing public 
confidence in, sentencing and the criminal justice system. 
22. Court to consider sentencing guidelines.– (1) Every court shall have 
regard to any relevant sentencing guideline while sentencing an offender. 
 (2) Where a court imposes a sentence of a different kind or outside the 
range indicated in a council guideline it shall state its reason for doing so. 
23. Publication of annual reports.– At the conclusion of each calendar year, the 
Council shall publish an annual report regarding the performance of its functions 
during the year. 
Part VI 
MISCELLANEOUS  
24. Power to make rules.– The Government may make rules for carrying out the 
purposes of the Act. 
 
  
 
 
SCHEDULE 
(Sentencing Table) 
 
Sentencing Zones 
Sr. 
No. 
Range of 
Punishment 
Zone A Zone B Zone C Zone D 
1. up to six 
months 
Less than 
one and a 
half 
months 
More than 
one and half 
– three 
months 
More than three 
months – four 
and half months 
More than 
four and half 
months – six 
months 
2. up to one 
year  
Less than 
three 
months 
More than 
three – six 
months 
More than six 
months – nine 
months 
More than 
nine months – 
twelve months 
3. up to three 
years 
Less than 
six months  
More than six 
months – one 
year 
More than one 
year – two 
years 
More than two 
years – three 
years 
4. up to seven 
years 
Less than 
two years  
More than 
two years – 
three years 
and six 
months  
More than three 
years and six 
months – five 
years and six 
months  
More than five 
years and six 
months – 
seven years 
5. up to ten 
years 
Less than 
two years 
and six 
months 
More than 
two years 
and six 
months – five 
years 
More than five 
years – seven 
years and six 
months  
More than 
seven years 
and six 
months – ten 
years 
6. up to 
fourteen 
years 
Less than 
three years 
and six 
months  
More than 
three years 
and six 
months – 
seven years 
More than 
seven years – 
ten years and 
six months 
More than ten 
years and six 
months – 
fourteen years 
7. up to twenty 
five years 
Less than 
ten years  
Ten – fifteen 
years 
More than 
fifteen years – 
twenty years 
More than 
twenty years – 
twenty five 
years