Sentence of imprisonment in default of fine
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Summary
A magistrate may convert non-payment of a fine into imprisonment, but only as authorised by law and within the magistrate's lawful sentencing powers. If imprisonment was already imposed as part of the substantive sentence, the imprisonment for default cannot exceed one-fourth of the maximum term the magistrate could otherwise impose for the offence. Imprisonment for non-payment may run in addition to a substantive sentence up to the magistrate's maximum power.
Example
Ravi is convicted of a minor theft and fined Rs 10,000 but cannot pay. The magistrate may order imprisonment in default of the fine within the magistrate's lawful powers. If imprisonment was already part of Ravi's substantive sentence, the imprisonment for non-payment cannot exceed one-fourth of the maximum term the magistrate could otherwise impose.
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 29;
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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 29.
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