Sentence of imprisonment in default of fine
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Summary
If a court fine is not paid, a magistrate may order imprisonment in default of payment, but only up to the sentencing limits the magistrate is authorised to impose. Where the magistrate has also given imprisonment as part of the substantive sentence, the imprisonment for non-payment cannot exceed one quarter of the maximum jail term the magistrate could otherwise inflict for the offence. Default imprisonment may be added to a substantive sentence, subject to these limits.
Example
Priya is fined Rs 20,000 for running a shop without a licence and cannot pay immediately. The magistrate may order imprisonment for non-payment but only within the magistrate's sentencing powers; because the magistrate also gives a substantive jail term, the extra imprisonment for the unpaid fine cannot exceed one quarter of the magistrate's maximum term for the offence. The default imprisonment can be added to the substantive sentence if within those limits.
Bare Act
Enacted text(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term-
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(a) is not in excess of the powers of the Magistrate under section 23;
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(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.
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