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State of Kerala - Section

Section 72 in Kerala Irrigation and Water Conservation Act, 2003

72. Enhanced punishment for second or subsequent offences.

- Whoever, having been convicted by a Court, of an offence punishable under this Act, again commits the same offence, shall be punishable for every such subsequent offence,-
(a)in respect of any offence referred to in sub-section (1) or sub-section (4) of section 70 with imprisonment for a term which may extend to two years, but which shall not be less than six months, and with fine which may extend to ten thousand rupees;
(b)in respect of any offence referred to in sub- section (2) of section 70 with imprisonment for a term which may extend to three years, but it shall not be less than one year with fine which may extend to one lakh and fifty thousand rupees;
(c)in respect of any offence referred to in sub-section (3) of section 70 with imprisonment for a term which may extend to [three years, but it shall not be less than one year, and with fine which may extends to two lakh rupees;] [Substituted 'two years, but it shall not be less than six months, and with fine which may extends to thirty five thousand rupees' by Kerala Act No. 16 of 2018, dated 3.7.2018.]
(d)in respect of any offence referred to in sub-section (4) of section 70 with imprisonment for a term which may extend to two years, but which shall not be less than six months, and with fine which may extend to ten thousand rupees ;
(e)in respect of any offence referred to in sub-section (5) of section 70 with imprisonment for a term, which may extend to one year, but it shall not be less than six months with fine which may extend to fifteen thousand rupees.