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Section 38
Circumstances Aggravating the Severity of the Offense
For the purposes of this Act Code, if the following conditions are present, the seriousness of the offense shall be considered aggravated:-
(a) has committed an offense against the President or the Head of Government or a foreign Head of State,
(b) committed an offense in the presence of the President or Head of Government or a foreign Head of State,
(c) committed a breach of trust,
(d) has committed an offense by taking advantage of or misusing any public office,
(e) A person holding a public office commits an offense with the intention of obstructing the performance of his official duties or causing him to do any illegal act,
(f) having committed an offense in any government office, public office or religious place,
(g) five or more than five persons joined a group and committed an offence,
(h) Public peace is disturbed, floods, landslides, earthquakes or other divine calamities of a similar nature are caused by epidemics, famines or any other similar crisis, (h) having committed an offense by carrying or using a weapon or a poisonous or explosive substance or by conducting electricity or by using an electrical device or having committed an offense with the help of a person carrying a weapon or a poisonous or explosive substance,
(j) An offender who has been sentenced to imprisonment once commits an offense again,
(k) having committed an offense under the inducement of receiving or receiving any reward or assurance or benefit,
(l) commits an offense against a person under his protection or control or against property in his charge,
(d) commits an offense by torturing or treating any person in a cruel, inhuman or degrading manner,
(d) Committing more than one offense in the same incident,
(n) committing an offense against more than one person in the same incident,
(i) Committing an offense by abducting someone or taking the body hostage,
(h) committed an offense against a person under detention, custody, imprisonment or custody,
(d) a person who has a duty to protect a person commits an offense against a person whom he is supposed to protect,
(d) committing an offense with the intention of genocide to destroy the existence of a caste, caste or sect,r> (n) committed an offense with the intention of inciting hatred against any caste, caste, religious or cultural community,
(p) committing crimes against humanity,
(f) committed a planned or organized offence,
(b) commits an offense against a person or a child who is incapable of defending himself or herself by reason of old age or physical or mental infirmity, or who is unable to defend himself or herself by reason of disability,
(b) committed an offense while engaged in rescue work in the event of a vehicle or aircraft accident or natural calamity,
(m) Once a person who has been victimized by an offense commits another offense against the same offender.
(a) has committed an offense against the President or the Head of Government or a foreign Head of State,
(b) committed an offense in the presence of the President or Head of Government or a foreign Head of State,
(c) committed a breach of trust,
(d) has committed an offense by taking advantage of or misusing any public office,
(e) A person holding a public office commits an offense with the intention of obstructing the performance of his official duties or causing him to do any illegal act,
(f) having committed an offense in any government office, public office or religious place,
(g) five or more than five persons joined a group and committed an offence,
(h) Public peace is disturbed, floods, landslides, earthquakes or other divine calamities of a similar nature are caused by epidemics, famines or any other similar crisis, (h) having committed an offense by carrying or using a weapon or a poisonous or explosive substance or by conducting electricity or by using an electrical device or having committed an offense with the help of a person carrying a weapon or a poisonous or explosive substance,
(j) An offender who has been sentenced to imprisonment once commits an offense again,
(k) having committed an offense under the inducement of receiving or receiving any reward or assurance or benefit,
(l) commits an offense against a person under his protection or control or against property in his charge,
(d) commits an offense by torturing or treating any person in a cruel, inhuman or degrading manner,
(d) Committing more than one offense in the same incident,
(n) committing an offense against more than one person in the same incident,
(i) Committing an offense by abducting someone or taking the body hostage,
(h) committed an offense against a person under detention, custody, imprisonment or custody,
(d) a person who has a duty to protect a person commits an offense against a person whom he is supposed to protect,
(d) committing an offense with the intention of genocide to destroy the existence of a caste, caste or sect,r> (n) committed an offense with the intention of inciting hatred against any caste, caste, religious or cultural community,
(p) committing crimes against humanity,
(f) committed a planned or organized offence,
(b) commits an offense against a person or a child who is incapable of defending himself or herself by reason of old age or physical or mental infirmity, or who is unable to defend himself or herself by reason of disability,
(b) committed an offense while engaged in rescue work in the event of a vehicle or aircraft accident or natural calamity,
(m) Once a person who has been victimized by an offense commits another offense against the same offender.