CAP. 63
Penal Code
(c)
[Rev. 2012]
in the case of an offence punishable with imprisonment as well as
a fine in which the offender is sentenced to a fine with or without
imprisonment, and in every case of an offence punishable with fine
only in which the offender is sentenced to a fine, the court passing
sentence may, in its discretion—
(i) direct by its sentence that in default of payment of the fine
the offender shall suffer imprisonment for a certain term, which
imprisonment shall be in addition to any other imprisonment to
which he may have been sentenced or to which he may be
liable under a commutation of sentence; and also
(ii) issue a warrant for the levy of the amount on the immovable
and movable property of the offender by distress and sale under
warrant:
Provided that if the sentence directs that in default of payment of the fine the
offender shall be imprisoned, and if such offender has undergone the whole of such
imprisonment in default, no court shall issue a distress warrant unless for special
reasons to be recorded in writing it considers it necessary to do so.
(2) In the absence of express provisions in any written law relating thereto,
the term of imprisonment or detention under the Detention Camps Act (Cap. 91)
ordered by a court in respect of the non-payment of any sum adjudged to be paid
for costs under section 32 or compensation under section 31 or in respect of the
non-payment of a fine or of any sum adjudged to be paid under the provisions of
any written law shall be such term as in the opinion of the court will satisfy the
justice of the case, but shall not exceed in any such case the maximum fixed by
the following scale—
(3) The imprisonment or detention which is imposed in default of payment of a
fine shall terminate whenever the fine is either paid or levied by process of law.
[Act No. 24 of 1967, Sch., Act No. 11 of 1983, Sch., Act No. 5 of 2003, s. 6.]
29. Forfeiture
(1) When any person is convicted of an offence under any of the following
sections, namely, sections 118 and 119, the court may, in addition to or in lieu of
any penalty which may be imposed, order the forfeiture of any property which has
passed in connexion with the commission of the offence or, if the property cannot
be forfeited or cannot be found, of such sum as the court shall assess as the value
of the property; and any property or sum so forfeited shall be dealt with in such
manner as the Attorney-General may direct.
(2) Payment of any sum so ordered to be forfeited may be enforced in the same
manner and subject to the same incidents as in the case of the payment of a fine.
[Act No. 33 of 1956, s. 13, L.N. 299/1956, L.N. 172/1960, Act No. 24 of 1967, Sch.]
[Issue 1]
P6-25
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