§ 74A — Enhanced penalties for offences against vulnerable persons

74A.—(1) This section applies where a person is convicted of an offence specified in subsection (3) (called in this section the offender) against a vulnerable person.[27/2018; 15/2019]

[Act 23 of 2021 wef 01/03/2022]

[S 759/2022]

(2) The court may sentence the offender to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence, if at the time of committing the offence the offender knew or ought reasonably to have known that the victim was a vulnerable person.[27/2018; 15/2019]

(2A) This section does not apply where the offender proves that despite being a vulnerable person the victim was capable of protecting himself from the offender in respect of the harm caused by the offence in the same manner as an ordinary person who is not a vulnerable person.[15/2019]

(3) The offence to which this section applies is any offence under this Code which may be committed against a vulnerable person except an offence —(a)

under section 304B, 304C, 335A or 376F; or

(b)

punishable with death or imprisonment for life.[15/2019]

(4) Despite anything to the contrary in the Criminal Procedure Code 2010 —(a)

a Magistrate’s Court has jurisdiction to try the offences specified in subsection (3), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b)

a District Court has jurisdiction to try the offences specified in subsection (3) and has power to impose the full punishment provided under subsection (2) in respect of those offences.[15/2019]

(5) In this section —“abuse” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;

“self-neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;

“vulnerable person” means an individual who is, by reason of mental or physical infirmity, disability or incapacity, substantially unable to protect himself from abuse, neglect or self-neglect.[15/2019]

—(1) This section applies where a person is convicted of an offence specified in subsection (3) (called in this section the offender) against a vulnerable person.[27/2018; 15/2019]

[Act 23 of 2021 wef 01/03/2022]

[S 759/2022]

(2) The court may sentence the offender to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence, if at the time of committing the offence the offender knew or ought reasonably to have known that the victim was a vulnerable person.[27/2018; 15/2019]

(2A) This section does not apply where the offender proves that despite being a vulnerable person the victim was capable of protecting himself from the offender in respect of the harm caused by the offence in the same manner as an ordinary person who is not a vulnerable person.[15/2019]

(3) The offence to which this section applies is any offence under this Code which may be committed against a vulnerable person except an offence —(a)

under section 304B, 304C, 335A or 376F; or

(b)

punishable with death or imprisonment for life.[15/2019]

(4) Despite anything to the contrary in the Criminal Procedure Code 2010 —(a)

a Magistrate’s Court has jurisdiction to try the offences specified in subsection (3), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b)

a District Court has jurisdiction to try the offences specified in subsection (3) and has power to impose the full punishment provided under subsection (2) in respect of those offences.[15/2019]

(5) In this section —“abuse” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;

“self-neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;

“vulnerable person” means an individual who is, by reason of mental or physical infirmity, disability or incapacity, substantially unable to protect himself from abuse, neglect or self-neglect.[15/2019]