Section 3 in The Criminal Law Amendment Ordinance, 1946
3. Special provisions regarding punishment
(1)Notwithstanding anything to the contrary contained in the Indian Penal Code (45 of 1860) or the [Code of Criminal Procedure, 1898 (5 of 1898)] [Now see the Code of Criminal Procedure, 1973 (2 of 1974).], relating to sentences and the powers of Courts to impose sentences, where any person is found guilty of an offence specified in the Schedule the Court convicting him, whether or not it imposes a sentence of imprisonment, shall impose, in addition to such sentence of fine, if any, as it would otherwise have imposed, a further sentence of fine which shall be equivalent to the amount of money or value of other property found by the Court to have been procured by the convicted person by means of the offence.(2)Except where the offence of which the person is found guilty is an offence specified in item 1 or item 5 of the Schedule, when it appears that the offence has caused loss to more than one Government referred to in the Schedule or local authority, the Court shall in its order of conviction record a finding indicating the amount of loss sustained by each such Government or local authority.(3)When a person is found guilty at the same trial or in the same proceedings of one or more offences specified in item 1 or item 5 of the Schedule and of one or more offences specified in any of the other items of the Schedule, the Court shall in its order of conviction record a finding indicating separately the amounts procured by means of the two classes of offences.(4)Where an additional fine is imposed under sub-section (1) for an offence, it shall, after deduction of the costs of recovery as determined by the Court, be credited to the Government (being a Government referred to in the Schedule) or local authority to which the offence has caused loss, or where there is more than one such Governments or local authority, be distributed among them in proportion to the loss sustained by each:Provided that the provisions of this sub-section shall not apply in respect of any additional fine imposed for an offence specified in item 1 or item 5 of the Schedule, or in a case of the nature referred to in sub-section (3), in respect of such portion of the additional fine as is equivalent to the amount found under that sub-section to have been procured by means of offences specified in those items.(5)Nothing in this section shall apply to any case to which the provisions of section 12 of the Criminal Law Amendment Ordinance, 1944 (38 of 1944) apply.The Schedule(See sections 2(1) and 3)
