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  "title": "PUNJAB SENTENCING ACT 2019",
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  "text": "THE PUNJAB SENTENCING ACT 2019 \r\n (XXXIV of 2019) \r\nCONTENTS \r\nPart I \r\nINTRODUCTION \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions  \r\nPart II \r\nGENERAL PROVISIONS ABOUT SENTENCING \r\n \r\n3. Scope and application of the Act \r\n4. Purpose of sentencing \r\n5. Determining the sentence \r\n6. Determining the seriousness of an offence  \r\n7. Aggravating and mitigating factors \r\nPart III \r\nSPECIAL PROVISIONS ABOUT SENTENCING \r\n \r\n8. Sentences for cases involving violence against or neglect of child under \r\n 14 years \r\n9. Sentences for cases involving religious aggravation \r\n10. Sentences for aggravation related to terrorist activities \r\n11. Sentencing under laws designed to protect the public from injury \r\n12. Reduction in sentences for guilty pleas \r\nPart IV \r\nPROCEDURE \r\n \r\n13. Issues to be stated in judgment  \r\n14. Procedure to be followed in arriving at sentence \r\n15. Notice to prosecution \r\nPart V \r\nSENTENCING COUNCIL \r\n \r\n \r\n \r\n16. Establishment of Sentencing Council  \r\n17. Composition of the Council \r\n18. Chairperson of the Council \r\n19. Term of office \r\n20. Appointment of employees of the Council \r\n21. Functions of the Council \r\n22. Court to consider sentencing guidelines \r\n23. Publication of annual reports \r\nPart VI \r\nMISCELLANEOUS \r\n24. Power to make rules \r\nSCHEDULE \r\n(Sentencing Table) \r\n \r\n \r\n  \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB SENTENCING ACT 2019 \r\n (XXXIV of 2019) \r\n    [13th December, 2019] \r\nAn \r\nAct \r\nto lay down factors to be considered by courts while passing sentences to improve \r\nconsistency in sentencing. \r\nIt is necessary to lay down the factors to be considered by the courts while passing \r\nsentences to improve consistency in sentencing and for the matters connected \r\ntherewith and incidental thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows:  \r\nPart I \r\nINTRODUCTION \r\n1. Short title, extent and commencement.– (1) This Act may be cited as the \r\nPunjab Sentencing Act 2019. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force on such date as the Government may, by \r\nNotification in the official Gazette, appoint. \r\n2. Definitions.– In the Act: \r\n(a) “Act” means the Punjab Sentencing Act 2019; \r\n(b) “aggravating factors” means the factors mentioned in subsection (1) of \r\nsection 7 of the Act; \r\n(c) “Council” means the Sentencing Council established under section 16 \r\nof the Act; \r\n(d) “custodial sentence” means sentence curtailing the liberty of an \r\noffender by means of imprisonment; \r\n(e) “Government” means Government of the Punjab; \r\n(f) “mitigating factors” means the factors mentioned in subsection (2) of \r\nsection 7 of the Act; \r\n(g) “proscribed organization” means an organization proscribed under the \r\nAnti-Terrorism Act, 1997 (XXVII of 1997); \r\n(h) “prosecutor” means a public prosecutor appointed under the Punjab \r\nCriminal Prosecution Service (Constitution, Functions and Powers) Act, \r\n2006 (III of 2006) but does not include a private prosecutor whether \r\nappearing with permission of the public prosecutor or otherwise; \r\n(i) “public order offence” means any offence which may lead to public \r\ndisorder or a breach of the public peace, nuisance, affray or rioting;  \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 27 November 2019; assented to by the Governor of the Punjab \r\non 10 December 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 13 December 2019, pp.2637-2643. \r\n \r\n \r\n(j) “regulatory offence” means an offence under a provincial law which \r\nprescribes the manner of doing a thing, or prohibits the doing of a thing \r\nin a manner not approved or prescribed by law; \r\n(k) “Schedule” means the Schedule appended to the Act; \r\n(l) “sentence” means the punishment awarded by a judge or a magistrate \r\nto a person who has been convicted of a crime; \r\n(m) “terrorist offence” means an offence under the Anti-Terrorism Act, 1997 \r\n(XXVII of 1997); and \r\n(n) “time range of imprisonment” means the time range of imprisonment \r\nthat the relevant statute provides for conviction of an offence;  \r\nPart II  \r\nGENERAL PROVISIONS ABOUT SENTENCING \r\n3. Scope and application of the Act.– (1) The provisions of the Act shall be \r\napplicable in cases where a time range of imprisonment is a punishment.  \r\n (2) The provisions of the Act shall not be applicable in cases where capital \r\npunishment is provided within the range of punishments. \r\n4. Purpose of sentencing.– A court dealing with an offender in respect of his \r\noffence shall have regard to the purposes of sentencing being the: \r\n(a) punishment of offenders; \r\n(b) reduction of crime including its reduction by deterrence; \r\n(c) reform and rehabilitation of offenders; \r\n(d) protection of the public; and \r\n(e) making of reparation by offenders to persons affected by their offences. \r\n5. Determining the sentence.– In determining a sentence, the court shall take \r\ninto account:  \r\n(a) the purpose of sentencing as defined in section 4 of the Act; and \r\n(b) seriousness of an offence under the provisions of the Act. \r\n6. Determining the seriousness of an offence.– In considering the \r\nseriousness of any offence, the court shall consider the aggravating and mitigating \r\nfactors proved during trial.  \r\n7. Aggravating and mitigating factors.– (1) In sentencing or otherwise dealing \r\nwith an offender, the court shall take into account the following aggravating factors to \r\nthe extent that they are applicable in the case: \r\n(a) that the offence involved actual or threatened violence or the \r\nactual or threatened use of a weapon; \r\n(b) that the offence involved unlawful entry into, or unlawful \r\npresence in, a dwelling place; \r\n(c) that the offence was committed while the offender was on bail or \r\nstill subject to a sentence; \r\n(d) the extent of any loss, damage, or harm resulting from the \r\noffence; \r\n \r\n \r\n(e) marked cruelty in the commission of the offence; \r\n(f) that the offender was abusing a position of trust or authority in \r\nrelation to the victim; \r\n(g) that the victim was a police officer, a prosecutor or a judge \r\nacting in the course of his or her duty; \r\n(h) that the victim was particularly vulnerable because of his or her \r\nage or health or because of any other factor known to the \r\noffender; \r\n(i) that the offender committed the offence partly or wholly because \r\nof hostility towards a group of persons who have an enduring \r\ncommon characteristic such as race, color, nationality, religion, \r\ngender identity, sexual orientation, age, or disability: \r\n(i) the hostility is because of the common characteristic; and \r\n(ii) the offender believed that the victim has that \r\ncharacteristic; \r\n(j) the nature and extent of any connection between the offence \r\nand the offender's: \r\n(i) participation in a proscribed organization; and \r\n(ii) involvement in any other form of organized criminal \r\nassociation; \r\n(k) premeditation on the part of the offender and, if so, the level of \r\npremeditation involved; \r\n(l) the number, seriousness, date, relevance, and nature of any \r\nprevious convictions of the offender and of any convictions for \r\nwhich the offender is being sentenced or otherwise dealt with at \r\nthe same time; and \r\n(m) any failure by the offender personally (or failure by the offender's \r\nlawyer arising out of the offender's instructions to, or failure or \r\nrefusal to co-operate with, his or her lawyer) to comply with a \r\nprocedural requirement that, in the opinion of the court, has \r\ndone either or both of the following: \r\n(i) caused a delay in the disposition of the proceedings; and \r\n(ii) had an adverse effect on a victim or witness. \r\n(2) In sentencing or otherwise dealing with an offender, the court shall take \r\ninto account the following mitigating factors to the extent that they are applicable in \r\nthe case: \r\n(a) the age of the offender; \r\n(b) whether and when the offender pleaded guilty; \r\n(c) the conduct of the victim; \r\n(d) that there was a limited involvement of the offender in the \r\noffence; \r\n(e) that the offender has, or had at the time the offence was \r\ncommitted, diminished intellectual capacity or understanding; \r\n(f) any remorse shown by the offender;  \r\n \r\n \r\n(g) any actions taken by the offender to undo the loss or injury \r\ncaused by him; \r\n(h) that the offender has taken steps during the proceedings (other \r\nthan steps to comply with procedural requirements) to shorten \r\nthe proceedings or reduce their cost: \r\n(i) any adverse effects on the offender of a delay in the disposition \r\nof the proceedings caused by a failure by the prosecutor/law \r\nenforcement agencies and any other agency associated with the \r\ntrial, to comply with a procedural requirement; and \r\n(j) any evidence of the previous good character of the offender. \r\n(3) Nothing in subsection (1) or subsection (2) shall: \r\n(a) prevent the court from taking into account any other aggravating \r\nor mitigating factor that the court may think fit; or \r\n(b) imply that a factor referred to in the aforementioned subsections \r\nshall be given greater weight than any other factor that the court \r\nmay have taken into account. \r\n (4) The court shall take into account the mutual exclusivity of the mitigating \r\nand aggravating factors and only in special circumstances, to be explicitly mentioned \r\nin the judgment, may treat them concurrently. \r\nPart III \r\nSPECIAL PROVISIONS ABOUT SENTENCING \r\n8. Sentences for cases involving violence against or neglect of child under \r\n14 years.– (1) This section shall apply if the court is sentencing or otherwise dealing \r\nwith an offender in a case involving serious violence against a child under the age of \r\nfourteen years in the following circumstances: \r\n(a) the defenselessness of the victim; \r\n(b) in relation to any harm resulting from the offence, any serious or \r\nlong-term physical or psychological effect on the victim; \r\n(c) the magnitude of the breach of any relationship of trust between \r\nthe victim and the offender; \r\n(d) threats by the offender to prevent the victim reporting the \r\noffence; and \r\n(e) deliberate concealment of the offending from authorities. \r\n(2) The court shall treat the facts provided in subsection (1) as aggravating \r\nfactors. \r\n9. Sentences for cases involving religious aggravation.– (1) This section \r\nshall apply where a court is determining the sentence of an offence pertaining to any \r\nof the provisions envisaged under any law relating to death, serious injury, criminal \r\ndamage, public order offences and harassment in the circumstances where the \r\noffender has demonstrated continued hostility towards the victim because of his \r\nreligious beliefs or the religious denomination to which the victim belongs. \r\n (2) If the offence was religiously aggravated, the court shall: \r\n(a) treat that fact as an aggravating factor; and \r\n(b) state in the judgment that the offence was so aggravated. \r\n \r\n \r\n10. Sentences for aggravation related to terrorist activities.– (1) This section \r\nshall apply where the court is determining the sentence of a terrorist offence, and the \r\noffender demonstrated hostility towards the victim or intended victim immediately \r\nbefore or after the commission of the offence because of his or her: \r\n(a) religious beliefs; \r\n(b) political ideology; and \r\n(c) cultural outlook. \r\n(2) The court shall treat the facts provided in subsection (1) as aggravating \r\nfactors. \r\n11. Sentencing under laws designed to protect the public from injury.– (1) \r\nThis section shall apply where the court is determining the sentence of a regulatory \r\noffence committed in any of the following circumstances: \r\n(a) a serious injury was caused to one or more persons as a \r\nconsequence of the offense; \r\n(b) the offender had been warned to take remedial action but had \r\nomitted to do so; and \r\n(c) the offender had taken action to thwart a law enforcement \r\nagency from inspecting or otherwise dealing with the offence in \r\naccordance with law. \r\n(2) The court shall treat the facts provided in subsection (1) as aggravating \r\nfactors. \r\n12. Reduction in sentences for guilty pleas.– (1) In determining what sentence \r\nto pass on an offender who has pleaded guilty to an offence in proceedings before \r\nthe court, the court shall take into account: \r\n(a) the stage in the proceedings at which the offender indicated his \r\nintention to plead guilty, and if such plea is made at the outset or \r\nsubstantially saves the time of the court, the court shall reduce \r\nby one fourth the custodial period calculated for the offence on \r\nthe basis of section 7 of the Act; and \r\n(b) the circumstances in which the above indication was given if \r\nsuch circumstances render the possibility of sufficing the \r\npurposes of sentencing. \r\n(2) Nothing in this section shall bind a court to pass a lower sentence in \r\nwhich sentencing factor pertaining to marked cruelty is proved against the offender. \r\nPart IV \r\nPROCEDURE \r\n13. Issues to be stated in judgment.– (1) A judgment shall indicate whether a \r\ncustodial sentence or other sentence is the most appropriate and shall include \r\nreasons for the same. \r\n(2) Where the court imposes a custodial sentence it shall indicate the \r\nmitigating factors in existence if it imposes a sentence in Zone A or B and \r\naggravating factors if it imposes a sentence in Zone C or D contained in the \r\nSchedule.  \r\n \r\n \r\n \r\n14. Procedure to be followed in arriving at sentence.– (1) A sentencing court \r\nshall assess the following before deciding the sentence: \r\n(a) whether there is a statutory minimum sentence or mandatory \r\nsentence that must be imposed in case of a guilty verdict; \r\n(b) whether there is a sentencing guideline on the subject and its \r\nrecommendations; \r\n(c) the aggravating and mitigating factors involved;  \r\n(d) the impact of the crime on the victim or potential victim; and \r\n(e) the sentences of other accused in the case if already convicted \r\nand sentenced. \r\n(2) The Court, before imposing the sentence, shall consider the medical \r\nand educational reports of the offender. \r\n15. Notice to prosecution.– Where a court proposes to impose a fine only in an \r\noffence where a sentence of imprisonment of more than twelve months or fine may \r\nbe imposed by law, the court shall provide an opportunity to the prosecutor or \r\nprosecuting agency to address the court on sentencing. \r\nPart V \r\nSENTENCING COUNCIL \r\n16. Establishment of Sentencing Council.– As soon as may be, the \r\nGovernment shall establish a Sentencing Council which shall perform its functions \r\nunder the Act.  \r\n17. Composition of the Council.– (1) The Council shall consist of such number \r\nof members, including the Chairperson, as may be specified by the Government but \r\nsuch number shall not be less than five or more than seven. \r\n (2) A member shall be a person who is known for his integrity, expertise, \r\nexperience and eminence in law, social policy and/or criminal justice. \r\n (3) The Government may appoint members of the Council from serving or \r\nretired civil servants, prosecutors, judges, lawyers and criminal justice practitioners \r\non such remuneration and allowances as the Government may determine. \r\n18. Chairperson of the Council.– (1) The Government shall appoint one of the \r\nmembers as the Chairperson of the Council, and no member shall be appointed \r\nChairperson for more than two consecutive terms. \r\n(2) The Government shall appoint a chief executive officer of the Council \r\nwho shall be responsible for the day to day administration of the affairs of the \r\nCouncil and shall act subject to the regulations made by the Council. \r\n19. Term of office.– Each member shall be appointed for a term not exceeding \r\nthree years from the day of his appointment as a member. \r\n20. Appointment of employees of the Council.– The Government may, from \r\ntime to time, employ persons to be employees of the Council, who shall be paid such \r\nremuneration and allowances and shall hold their employment on such terms and \r\nconditions as may be determined by the Government. \r\n \r\n \r\n21. Functions of the Council.– The Council shall perform the following \r\nfunctions: \r\n(a) develop and issue sentencing guidelines which are in consonance with \r\nthe provisions of the Act;  \r\n(b) monitor and assess the impact of sentencing provisions and guidelines \r\non Sentencing practice;  \r\n(c) consider the impact of policy and legislative proposals relating to \r\nsentencing, when requested by the Government; \r\n(d) promote awareness amongst the public regarding the realities of \r\nsentencing and publishing information regarding sentencing practice in \r\nMagistrates’ and Sessions court. \r\n(e) consider the impact of sentencing decisions on victims; and \r\n(f) play a greater part in promoting understanding of, and increasing public \r\nconfidence in, sentencing and the criminal justice system. \r\n22. Court to consider sentencing guidelines.– (1) Every court shall have \r\nregard to any relevant sentencing guideline while sentencing an offender. \r\n (2) Where a court imposes a sentence of a different kind or outside the \r\nrange indicated in a council guideline it shall state its reason for doing so. \r\n23. Publication of annual reports.– At the conclusion of each calendar year, the \r\nCouncil shall publish an annual report regarding the performance of its functions \r\nduring the year. \r\nPart VI \r\nMISCELLANEOUS  \r\n24. Power to make rules.– The Government may make rules for carrying out the \r\npurposes of the Act. \r\n \r\n  \r\n \r\n \r\nSCHEDULE \r\n(Sentencing Table) \r\n \r\nSentencing Zones \r\nSr. \r\nNo. \r\nRange of \r\nPunishment \r\nZone A Zone B Zone C Zone D \r\n1. up to six \r\nmonths \r\nLess than \r\none and a \r\nhalf \r\nmonths \r\nMore than \r\none and half \r\n– three \r\nmonths \r\nMore than three \r\nmonths – four \r\nand half months \r\nMore than \r\nfour and half \r\nmonths – six \r\nmonths \r\n2. up to one \r\nyear  \r\nLess than \r\nthree \r\nmonths \r\nMore than \r\nthree – six \r\nmonths \r\nMore than six \r\nmonths – nine \r\nmonths \r\nMore than \r\nnine months – \r\ntwelve months \r\n3. up to three \r\nyears \r\nLess than \r\nsix months  \r\nMore than six \r\nmonths – one \r\nyear \r\nMore than one \r\nyear – two \r\nyears \r\nMore than two \r\nyears – three \r\nyears \r\n4. up to seven \r\nyears \r\nLess than \r\ntwo years  \r\nMore than \r\ntwo years – \r\nthree years \r\nand six \r\nmonths  \r\nMore than three \r\nyears and six \r\nmonths – five \r\nyears and six \r\nmonths  \r\nMore than five \r\nyears and six \r\nmonths – \r\nseven years \r\n5. up to ten \r\nyears \r\nLess than \r\ntwo years \r\nand six \r\nmonths \r\nMore than \r\ntwo years \r\nand six \r\nmonths – five \r\nyears \r\nMore than five \r\nyears – seven \r\nyears and six \r\nmonths  \r\nMore than \r\nseven years \r\nand six \r\nmonths – ten \r\nyears \r\n6. up to \r\nfourteen \r\nyears \r\nLess than \r\nthree years \r\nand six \r\nmonths  \r\nMore than \r\nthree years \r\nand six \r\nmonths – \r\nseven years \r\nMore than \r\nseven years – \r\nten years and \r\nsix months \r\nMore than ten \r\nyears and six \r\nmonths – \r\nfourteen years \r\n7. up to twenty \r\nfive years \r\nLess than \r\nten years  \r\nTen – fifteen \r\nyears \r\nMore than \r\nfifteen years – \r\ntwenty years \r\nMore than \r\ntwenty years – \r\ntwenty five \r\nyears",
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