Tuesday, 31 May 2022

Imprisonment for the default of fine

 Imprisonment for the default of fine .

We are going to decode three important questions in this article viz. What’s the timeline to pay fine?  What if the convict dies? Is paying fine an option?

So, when an accused person who has been find guilty for impeaching the laws of the country is sentenced imprisonment or fine or both. The amount of fine differs on the frequency of the crime the accused person has committed . As , a punishment for the crime committed by them, they are suppose to pay fine .
Section 63 of IPC says , the court can charge unlimited fine on any offender in case the fine amount is not mentioned in the section
Some sections that states punishment has clearly laid down the time of imprisonment and the amount of fine but some has not clearly mentioned the amount of fine . Here,judge has the liberty to charge the fine according to the offence.
Section also says indirectly contradicts Section 63 as the fine cannot be excessive and should be valid
The judges need to see the background of the offender and charge fine accordingly.
A labour cannot be asked to pay a fine of Rs.100000.
The power is in the hands of judge but it needs to implemented correctly.
Section 70 of IPC says that the fine required to pay by the offender is non-exemptable and after the final verdict of the court the fine can be collected within the duration of imprisonment from the date of final verdict .
If the offender has been sentenced imprisonment for a period of 6 years , any time within the 6 years the fine can be collected. If the sentence for imprisonment if for more than a period of 6 years , so within the expiration period of imprisonment the fine can be collected.
In case of death of an offender who has been sentenced fine , the death does not discharge the liability of paying the fine , the fine is taken by forfeiture of the offender’s property.
If an offender to pay the fine they were asked to pay in the sentence , it would be a default of fine .
They would be imprisoned for a period of certain period mentioned in the sentence in case of default of fine in this case .The fine would still be a liablity for them , it won’t be exhempted for paying the fine in return of imprisonment.
Paying fine is not an option available to the offenders . They cannot choose only to be imprisonment as a punishment , the fine added with the punishment is mandatory for them pay .
Only in case if the courts order “imprisonment or fine” in this case the offender can choose one , either to pay fine or imprisonment . Also, if it chooses fine and fails to pay it would be imprisonment for not paying the fine.
If an offender is sentenced to pay only fine as a punishment and no imprisonment . in this case if the offender still after repeated notice from the court does not pay the fine can be imprisoned for default of fine.

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