Section 45 of WPCPA : Section 45: Enhanced Penalty After Previous Conviction

Explanation using Example

Imagine a factory owner, Mr. A, who was previously convicted for discharging untreated industrial waste into a river, violating Section 24 of The Water (Prevention and Control of Pollution) Act, 1974. After paying the fine and serving a year in jail, he resumes operations. Two years later, an inspection reveals that Mr. A is again discharging harmful effluents into the same river. Since this is his second conviction for the same offense, under Section 45 of the Act, Mr. A now faces a minimum of two years imprisonment, which could extend up to seven years, along with a fine. However, if his first conviction was over two years ago, it wouldn't be considered in this subsequent conviction.