Skip to main content

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.


Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti