5. Penalties for acts in contravention of section 4.

(1) Whoever contravenes 1 [or abets, or attempts, or connives at the contravention of] the provisions of section 4 of this Act shall, on conviction before a 2[Judicial Magistrate], be punished for each such offence with imprisonment of either description for a term which may extend to 2 years, or with fine which may extend to Rs. 5,000, or with both.

3 [(2) Whoever having been convicted of an offence punishable under sub-section (1) shall be guilty of any offence punished under the said sub-section shall be subject for every such subsequent offence to imprisonment of either description for a term which may extend to four years, or with fine which may extend to Rs. 10,000, or with both.]

4 [(3) If at the time of committing any Kuth offence or with a view to avoid arrest at any time after its commission, the offender uses any deadly weapon, the imprisonment with which he shall be punished may extend to 10 years.]

(4) Where a fine is imposed the Court may direct the offender to be imprisoned in default of payment of the fine for a term which may extend to one-fourth of maximum imprisonment provided for the offence and such imprisonment shall be in addition to any other imprisonment to which he may have been sentenced.

(5) Offences punishable under sub-section (1) shall be triable by a 5 [Judicial Magistrate] of the 1st or 2nd class and under sub-section (2) or (3) by the Court of Sessions or a 5 [Judicial Magistrate] of the first class.

6 [(6) All offences under this section shall be non-bailable.]