Suspension of execution of sentence of imprisonment
AI Assist
Summary
When a person is sentenced only to a fine with imprisonment in default, the Court can give time to pay — up to 30 days or in two or three installments — and suspend the jail term. The Court may release the person on a bond or bail bond requiring appearance and payment by the due dates. If the fine or any installment is not paid by the final date, the Court can order immediate execution of the prison sentence.
Example
Ravi is fined ₹5,000 with imprisonment in default. He cannot pay immediately, so the Court allows two installments with the first due within 30 days and suspends the jail term if Ravi executes a bond to appear and pay. When Ravi misses the second installment, the Court orders the prison sentence to be carried into execution.
Bare Act
Enacted text(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may-
-
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;
-
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.
Previous year papers
Pick your exam. we'll email the most recent paper.