TNBCW Act 31Chapter VIII · Penalties and Procedure
Section 31 · Enhanced penalty after previous conviction
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- If any person who has been convicted of any offence punishable under section 30 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to six months, or with fine which shall not be less than two hundred rupees but which may extend to two thousand rupees, or with both;Provided that for the purpose of this section, no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted;Provided further that the court, if it is satisfied that there are exceptional circumstances warranting such a course may, after recording its reasons in writing, impose a smaller fine than is required by this section.
The offence at a glance
- Maximum punishment
- 6 months
- Fine
- ₹2,000
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Derived from the First Schedule Part II rule — not listed section by section
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