s 74 Enhanced penalties for racially or religiously aggravated offences
74.—(1) Where a person is convicted of an offence specified in subsection (2) which is racially or religiously aggravated, the court may sentence the person to 2 times the amount of punishment to which he would otherwise have been liable for that offence.[Act 31 of 2019 wef 01/11/2022] (2) The offence referred to in subsection (1) is as follows:(a) an offence under this Code except sections 298 and 298A, and an offence which is punishable with death or imprisonment for life;[Act 31 of 2019 wef 01/11/2022] (b) an offence of attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, any offence under paragraph (a).[15/2019] (3) Despite anything to the contrary in the Criminal Procedure Code 2010† —(a) a Magistrate’s Court —(i) has jurisdiction to try any offence specified in subsection (2), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years; and (ii) has power to impose the full punishment provided under subsection (1) in respect of the offence; and (b) a District Court —(i) has jurisdiction to try any offence specified in subsection (2); and (ii) has power to impose the full punishment provided under subsection (1) in respect of the offence.[Act 23 of 2021 wef 01/11/2022] [†Updated to be consistent with the 2020 Revised Edition] (4) For the purposes of this section, an offence is racially or religiously aggravated if —(a) at the time of committing the offence, or immediately before or after committing such offence, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or (b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group. (5) It is immaterial for the purposes of paragraph (a) or (b) of subsection (4) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph. (6) In this section —“membership”, in relation to a racial or religious group, includes association with members of that group; “presumed” means presumed by the offender. —(1) Where a person is convicted of an offence specified in subsection (2) which is racially or religiously aggravated, the court may sentence the person to 2 times the amount of punishment to which he would otherwise have been liable for that offence.[Act 31 of 2019 wef 01/11/2022] (2) The offence referred to in subsection (1) is as follows:(a) an offence under this Code except sections 298 and 298A, and an offence which is punishable with death or imprisonment for life;[Act 31 of 2019 wef 01/11/2022] (b) an offence of attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, any offence under paragraph (a).[15/2019] (3) Despite anything to the contrary in the Criminal Procedure Code 2010† —(a) a Magistrate’s Court —(i) has jurisdiction to try any offence specified in subsection (2), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years; and (ii) has power to impose the full punishment provided under subsection (1) in respect of the offence; and (b) a District Court —(i) has jurisdiction to try any offence specified in subsection (2); and (ii) has power to impose the full punishment provided under subsection (1) in respect of the offence.[Act 23 of 2021 wef 01/11/2022] [†Updated to be consistent with the 2020 Revised Edition] (4) For the purposes of this section, an offence is racially or religiously aggravated if —(a) at the time of committing the offence, or immediately before or after committing such offence, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or (b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group. (5) It is immaterial for the purposes of paragraph (a) or (b) of subsection (4) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph. (6) In this section —“membership”, in relation to a racial or religious group, includes association with members of that group; “presumed” means presumed by the offender.