Which of the following factors are taken into account for imposing higher than the minimum punishment…
Section 32B permits the court to consider aggravating factors when imposing punishment above the statutory minimum. These include use or threatened use of violence or arms,…
Choose your answer
Which of the following factors are taken into account for imposing higher than the minimum punishment prescribed under the NDPS Act, 1985?
i) The threat of use of violence by the offender
ii) The use of arms by the offender
iii) The fact that the offender is involved in other illegal activities facilitated by commission of the offence
iv) The fact that the minors are used for the commission of an offence
Which of the statements given above are correct?
Answer and explanation
Correct answer A
Section 32B permits the court to consider aggravating factors when imposing punishment above the statutory minimum. These include use or threatened use of violence or arms, use of minors in committing the offence, and involvement in other illegal activities facilitated by the offence. Every listed factor is therefore covered, although the provision does not make an increased sentence automatic.
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Jammu & Kashmir Prosecuting Officer