(1) In making any rule under Section 45, the State Government may provide that a breach thereof shall be punishable with imprisonment which may extend to 1[five years and with fine which may extend to five thousand rupees.]
1[(2) Such rules may provide that where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence, the offender shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to ten thousand rupees].
1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660, dt. 5.5.2003.
24 NOTE Section 46 is neither a defining section, nor a penal section - Therefore, taking cognizance under the said section amounts to gross irregularity and the entire proceeding is vitiated - 73(1992) CLT-52.