Termination of imprisonment on payment of proportional part of fine
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Summary
Paying part of a fine can shorten or end the imprisonment imposed for non-payment. If enough of the fine is paid before the term ends so that the time already served is at least the proportion corresponding to the unpaid part, the remaining imprisonment ends. If payment happens before that proportional time is completed, discharge follows when that time is reached; if at or after that time, discharge is immediate.
Example
Priya is fined Rs 200 and sentenced to four months' imprisonment in default of payment. If Rs 150 is paid before the first month ends, the unpaid Rs 50 equals one month of the sentence, so Priya will be discharged as soon as the first month is completed. If Rs 150 is paid at or after the first month, she will be immediately discharged.
Bare Act
Enacted textIf, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustrations
(1) A is sentenced to a fine of one hundred rupees and to four months’ imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.
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