Code
(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term–
(a) is not in excess of the powers of the Magistrate under section 29;
(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.
Explanation
When a court convicts a person of an offense and imposes a fine, the person is required to pay the fine within the specified time. If the person fails to pay the fine within the given timeframe, they can be imprisoned. This provision ensures that the convicted person faces consequences for their actions, even if they cannot afford to pay the fine.
Illustration
Suppose a person is convicted of driving under the influence of alcohol and fined Rs. 10,000. The court may order that the person be imprisoned for 3 months if they fail to pay the fine within 30 days.
Common Questions and Answers
Q: Can a person be imprisoned for an indefinite period in default of fine?
A: No, the maximum period of imprisonment in default of fine is limited. It is usually a fraction of the maximum sentence for the offense or a specified period, whichever is less.
Q: What if the convicted person is unable to pay the fine due to poverty?
A: The court has the discretion to reduce or waive the fine in cases of genuine hardship. The convicted person can apply for remission of the fine.
Q: Can the court order imprisonment in default of fine for every offense?
A: No, the court may order imprisonment in default of fine only for certain offenses, as specified in the law.
