Fine leviable within six years, or during imprisonment – Death not to discharge property from liability
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Summary
Any unpaid fine, or part of it, can be recovered up to six years after the sentence. If the sentence includes imprisonment for more than six years, the fine can be recovered any time before that longer imprisonment ends. The offender’s death does not free property that would be legally liable for his debts from being used to pay the fine.
Example
Ravi is sentenced to three years’ imprisonment and a Rs 50,000 fine but pays only Rs 20,000. The remaining Rs 30,000 can be levied any time within six years after the sentence. If Ravi dies before the balance is recovered, his estate can still be used to pay the unpaid fine.
Bare Act
Enacted textThe fine, or any part thereof which remains unpaid, may be levied at any time within six years after me passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.
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