CSS 134Chapter XII · Offences and Penalties
Section 134 · Enhanced punishment in certain cases after previous conviction
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Whoever, having been
convicted by a court of an offence punishable under this Code, commits the same offence shall, for second,
or every subsequent such offence, be punishable with imprisonment for a term which may extend to two
years and with fine of two lakh rupees:
Provided that where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation which under this Code he is liable to pay, he shall, for such second or subsequent offence, be punishable with imprisonment for a term which may extend to three years but which shall not be less than two years and shall also be liable to fine of three lakh rupees.
Provided that where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation which under this Code he is liable to pay, he shall, for such second or subsequent offence, be punishable with imprisonment for a term which may extend to three years but which shall not be less than two years and shall also be liable to fine of three lakh rupees.
The offence at a glance
- Punishment
- minimum 2 years, up to 3 years, fine up to Rs 300000
- Statutory minimum
- 2 years
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Triable by
- Magistrate of the first class
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
Sub-sections of this section carry different penalties; the maximum is shown.
Derived from the First Schedule Part II rule — not listed section by section
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