Bailabel Type : bailable

Description

The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

Section 65 - Limit to Imprisonment for Non-Payment of Fine (Indian Penal Code)

Section 65 of the Indian Penal Code (IPC) deals with the limit on imprisonment that can be imposed when a fine is not paid by the convicted individual. Here's a detailed explanation of the provisions under Section 65:

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Key Points:

1. Imprisonment Limit for Non-Payment of Fine:

   • Section 65 provides a limit to the term of imprisonment for the non-payment of a fine.
   • The imprisonment term for non-payment of fine cannot exceed a maximum period of 1 year.
   • This imprisonment is considered an alternative to the non-payment of the fine.

2. Calculation of Imprisonment:

   • If the fine is not paid, the convict may be imprisoned for a period as determined by the fine.
   • The maximum period of imprisonment for non-payment is one year, regardless of the fine's amount.

3. Imprisonment and Fine Awardable:

   • The court may impose a fine for a criminal offense, but if the convict does not pay the fine, the alternative punishment may be imprisonment.
   • The court decides whether to impose a fine or imprisonment, and both can sometimes be awarded together, depending on the offense.
   • In certain cases, the convict may have an option to pay the fine, avoiding imprisonment altogether.

4. Factors Affecting Imprisonment:

   • If the convict is unable to pay the fine due to financial hardship, the court may convert the fine into a term of imprisonment, but again, the maximum term is limited to 1 year.
   • The court may consider other factors such as the seriousness of the offense and the financial ability of the convict when determining whether to impose a fine or imprisonment.

5. Imprisonment Term Based on Fine Amount:

   • The court generally follows a formula where the amount of the fine determines the duration of imprisonment, but it cannot exceed 1 year.

Punishment

Fine: The primary punishment.

Imprisonment: If the fine is not paid, imprisonment is awarded, but it cannot exceed 1 year. The actual duration depends on the amount of fine but remains capped at 1 year.