(1) While determining the punishment of fine for an offense, the maximum and minimum extent of such offense and fine shall be determined in addition to other things mentioned in this Act.
(2) While determining the penalty according to sub-section (1), the following things shall also be considered:--
(a) Financial status and income earning capacity of the offender,
(b) Financial loss caused to other persons due to the offense committed by the offender,
(c) the benefit received by the offender or his family by reason of the offense committed by the offender,
(d) the effect of the penalty on the dependents of the offender,
(e) the amount of compensation to be paid to the victim,
(f) Liability to the Government for non-payment of fines,
(g) In case of defaulter is an organized organization, financial position and business of such organization,
(h) If any amount is to be deposited in the Victims' Relief Fund, such amount. Explanation For the purpose of this section, "Victim Relief Fund" means the Victim Relief Fund under Section 48.
(3) In determining the penalty according to sub-section (1), if the violation is found, the penalty shall be determined on the basis of the violation.