Section 38: Factors aggravating the gravity of offence

For the purposes of this Act, the following factors, if they 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 the presence of the President or Head of Government or head of a foreign State,

(c) The breach of trust committed the offence,

(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,

(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 was 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,

(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.