Bailabel Type : bailable

Description

In 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, 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.

It appears you're referring to Section 64 of the Indian Penal Code (IPC), which deals with the sentence of imprisonment for non-payment of a fine. Below is a detailed point-to-point explanation:

Section 64 - Sentence of Imprisonment for Non-payment of Fine (Indian Penal Code)

1. Imprisonment in lieu of Fine:

   • If an individual is convicted and ordered to pay a fine, but fails to do so, the court may direct that the fine be replaced by imprisonment.
   • The imprisonment is in lieu of the unpaid fine.

2. Determination of Imprisonment:

   • The term of imprisonment is determined by the amount of fine imposed.
   • The sentence of imprisonment is typically fixed at a specific number of days based on the fine's value.
   • The general rule is that for each 100 rupees of the fine, a person may be imprisoned for 1 day. This is the standard formula unless specified differently by the court.

3. Maximum Time:

   • There are limitations on the maximum period of imprisonment. The total duration cannot exceed a certain number of days (often set by law or court discretion).

4. Court’s Discretion:

   • Courts have the discretion to decide whether imprisonment should replace the fine or if the convict should be given more time to pay the fine.
   • The nature of the case and the convict's financial capacity to pay the fine may influence this decision.

Punishment

Punishment:

• Imprisonment: The convict faces imprisonment if the fine is not paid. The length of the imprisonment is usually determined by the amount of the fine (in days).