Section 32: Penalties

32. Penalties (1) Subject to subsection (3), any person who commits an offence against this Act shall, on conviction, be liable— (a) in the case of an offence under sections 3 and 8A, to penal servitude for a term of not less than 5 years nor more than 35 years; (b) in the case of an offence under sections 4, 5, 5A, 6, 7, 12, 12A, 12B and 15, to penal servitude for a term of not less than 3 years nor more than 20 years; (c) in the case of an offence under sections 8 and 9, to penal servitude for a term of not less than 2 years nor more than 15 years; (d) in the case of an offence under sections 22D, 25, 26, 28A and 29, to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 5 years. (2) The Court before which a person is convicted of an offence under this Act may, in addition to any penalty imposed by the Court, order the forfeiture of— (a) any terrorist cash, with any accrued interest, or terrorist property; (b) any article, substance, device or material by means of which the offence was committed; (c) any vehicle or vessel used in the commission of the offence. (3) (a) Any person who has been convicted of a conspiracy to commit any of the offences under section 3, 4, 5, 6, 7, 12, or 15 shall be exempted from penalty as specified in subsection (1) and absolutely discharged if, having revealed the conspiracy to the police or to the Court, he has made it possible to prevent the commission of the offence and to identify the other persons involved in the conspiracy. (b) Notwithstanding subsection (1), the penalty incurred by any person convicted of any offence referred to in that subsection shall be reduced in such manner as the Court thinks just where that person has, before any proceedings, made possible or facilitated the identification of the other guilty persons, or who, after the commencement of proceedings, has made possible or facilitated the arrest of such persons. [S. 32 amended by s. 10 (2) (b) of Act 37 of 2003 w.e.f. 22 November 2003; s. 15 of Act 27 of 2016 w.e.f. 9 January 2017.] PART VII – MISCELLANEOUS