Indian Penal Code 1860
Section 63 :
Amount of fine:
(See section 8 of BNS 2023)
Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Section 64 :
Sentence of imprisonment for non-payment of fine:
(See section 8 of BNS 2023)
1.[In every case of an offence punishable with imprisonment as well as fine], in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable 2.[with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine,] it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
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1. Subs. by Act 8 of 1882, s. 2, for “In every case in which an offender is sentenced to a fine”.
2. Ins. by Act 10 of 1886, s. 21 (2).
Section 65 :
Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable:
(See section 8(3) of BNS 2023)
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 :
Description of imprisonment for non-payment of fine:
(See section 8(4),(5) of BNS 2023)
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 :
Imprisonment for non-payment of fine, when offence punishable with fine only:
(See section 8(5) of BNS 2023)
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 :
Imprisonment to terminate on payment of fine :
(See section 8(6) of BNS 2023)
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 :
Termination of imprisonment on payment of proportional part of fine:
(See section 8(6) of BNS 2023)
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 :
Fine leviable within six years, or during imprisonment – Death not to discharge property from liability:
(See section 8(7) of BNS 2023)
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.