Section 38
Factors Aggravating The Gravity Of Offence
For the purposes of
this Act, the following factors, if exist, shall be considered as
aggravating the gravity of an offence:
(a) The offence was committed against the President or
Head of Government or head of a foreign State,
(b) The offence was committed in presence of the President
or Head of Government or head of a foreign State,
(c) The offence was committed by the breach of trust,
(d) The offence was committed by taking benefit of or
abusing a public office,
(e) The offence was committed with the intention of
obstructing a person holding a public office in
discharging his or her official duty or to cause such
person to commit an illegal act,
(f) The offence was committed in any government office,
public office or religious place,
(g) The offence was committed by five or more persons
affiliated in a group,
(h) The offence was committed by taking advantage of the
disturbance of public peace or landslide, flood,
earthquake or natural calamity of similar nature or
outbreak of epidemic, starvation or occurrence of any
other crisis of similar nature,
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(i) The offence was committed by carrying or using an arm
or toxic or explosive substance or supplying electricity
or using an electronic device or with the aid of a person
carrying an arm, toxic or explosive substance,
(j) The offence was committed again by an offender
already sentenced to imprisonment,
(k) The offence was committed by being allured of any
remuneration or assurance or benefit,
(l) The offence was committed against a person under
one’s own protection or control or against the property
under one’s own custody,
(m) The offence was committed by subjecting any one to
torture, cruel, inhumane or degrading treatment,
(n) More than one offence were committed on a single
occasion,
(o) The offence was committed against more than one
person on a single occasion,
(p) The offence was committed by kidnapping any one or
taking any one hostage,
(q) The offence was committed against a person under
detention, custody, imprisonment or control,
(r) The offence was committed by one who has a duty to
provide security to any person against that person,
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(s) The offence was committed with the intention of
destroying the identity of any caste, race or group
(genocide),
(t) The offence was committed with the intention of
causing hatred against any caste, race, religious or
cultural community,
(u) The offence committed was a crime against humanity,
(v) The offence was committed in a planned or organized
manner,
(w) The offence was committed against an elderly person
above seventy-five years of age or a person being of
unsound mind by reason of physical or mental illness or
a person incapable of defending himself or herself
because of disability, or a child,
(x) The offence was committed by a person deputed in
rescue work in cases of motor vehicle, aircraft accident
or natural calamity while being engaged in such rescue
work,
(y) The offence was another offence committed by the same
offender against the person who had already become a
victim of an offence.