s 23A Orders for payment of proceeds of crime
23A.—(1) When any person is convicted of an offence under section 22A(2) or 22B(1), the court shall, in addition to imposing on that person any other punishment, order the person to pay, within such time as may be specified in the order —(a) in the case of an offence under section 22A(2) — a sum which is equal to the amount of the sum or other benefit (where such benefit is a sum of money, or the value of such benefit can be assessed) the person deducted or received in contravention of that section; or (b) in the case of an offence under section 22B(1) — a sum which is equal to the amount of the sum or other benefit (where such benefit is a sum of money, or the value of such benefit can be assessed) the person obtained or received for obtaining the work pass mentioned in that section.[24/2012] (2) In determining the sum of money to be recovered under subsection (1), the court shall, if it thinks fit, take into account —(a) any relevant evidence admitted in the proceedings against the defendant for the offence concerned; and (b) any order for the payment of compensation by the defendant in respect of any injury arising from the offence concerned to the person injured, or his or her representative, under section 359 of the Criminal Procedure Code 2010.[24/2012] (3) Where a court orders the defendant to pay any sum of money under subsection (1), section 319 of the Criminal Procedure Code 2010 shall have effect as if that sum were a fine imposed on the defendant by the court.[24/2012] (4) Where —(a) a warrant to commit the defendant to prison is issued for a default in payment of a sum of money ordered to be paid under subsection (1) in respect of an offence or offences; and (b) at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences, the term of imprisonment to be served in default of payment of that sum shall not begin to run until after the term mentioned in paragraph (b). [24/2012] (5) A Magistrate’s Court or a District Court may, despite the provisions of any other written law, impose the maximum term of imprisonment on the defendant in default of the payment of any sum of money ordered to be paid under subsection (1).[24/2012]