Sentence of imprisonment for non-payment of fine
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Summary
When an offender is sentenced to pay a fine, the court can order that if the fine is not paid, the offender will undergo a specified term of imprisonment. This can apply whether or not the offence also carries imprisonment. The imprisonment for non-payment is additional to, and may exceed, any other imprisonment the offender faces or is serving.
Example
Ravi is fined by the court for negligent driving and also given a short jail term. The court orders that if Ravi does not pay the fine, he will serve 30 days' imprisonment. If Ravi cannot pay, that 30-day term will be in addition to any other jail term he is serving or liable for.
Bare Act
Enacted textIn every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
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