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What is Limit to Imprisonment for non payment of fine? Section 65 of Indian Penal Code 1860. Provisions related fine

Limit to Imprisonment for non payment of fine under Indian Penal Code are defined under Section 65 of Indian Penal Code 1860. Provisions under section 65, 66, 67, 68, 69 and 70 in the Act are:

 

 

 

 

Section 65 of Indian Penal Code. "Limit to imprisonment for non payment of fine, when imprisonment and find awardable"

 

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 66 of Indian Penal Code. "Description of imprisonment for non payment of fine"

The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.  

 

Section 67 of Indian Penal Code. "imprisonment for non payment of fine, when offence is punishable with fine only"

If the offence be punishable with fine only, 1 [the imprisonment which the Court imposes in default of payment of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.
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1. Ins. by Act 8 of 1882, s. 3.

 

 

Section 68 of Indian Penal Code. "imprisonment to terminate on payment of fine"

The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

 

Section 69 of Indian Penal Code. "termination of imprisonment on payment of proportion of fine"

If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Illustration
A is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment. A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.

Section 70 of Indian Penal Code. "Fine leviable within six years or during imprisonment-death not to discharge property from liability"

The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

 

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