section 4
Penalty and other consequence for violation of section 3.
The Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012Health201210 sections
Statutory text
1[(1) Whoever,—
- (i) commits or attempt to commit or abets or incites the commission of an act of violence as defined in clause (e) of sub-section (1) of section 2 shall on conviction be punished with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees;
- (ii) while committing an act of violence against a healthcare service person causes grievous hurt as defined in section 320 of the Indian Penal Code, 1860 to such person shall on conviction be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.]
- (2) In addition to the punishment specified in sub-section (1), the offender shall be liable to pay to the healthcare service institution 2[or healthcare service person, as the case may be,] a compensation of twice the amount of purchase price of medical equipment damaged and the loss caused to the property as may be determined by the Court trying the offence.
- (3) If the offender has not paid the compensation under sub-section (2), the said sum shall be recovered under the provisions of the Kerala Revenue Recovery Act, 1968 (15 of 1968), as if it were an arrear of land revenue due from him. 3[(4) Any offence under sub-section (1) shall be cognizable and non- bailable.]
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