Section 69 -
“Sentence of Imprisonment for Non-payment of Fine”: Whenever an
offender is sentenced to a fine whether with or without imprisonment and
whether under this Code or under any other law, the Court which
sentences the offender may direct by the sentence that, in default of
payment of the fine, the offender shall be committed to prison for a certain
term, which term shall be in excess of any other term of imprisonment to
which he may have been sentenced or to which he may be liable under a
commutation of a sentence.
Note – See section 269 of the Criminal Procedure Act, 2003.
Section 70 -
“Limit to Imprisonment for Non-payment of Fine, when
Imprisonment and Fine 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; provided that, in case of offences in which the offender has
obtained material benefit, he shall be bound to return such benefit; and in
case of default he shall be sentenced to an additional term of imprisonment
without regard to the limitation provided for in this section.
Section 71 -
“Imprisonment for Non-payment of Fine, when Offence Punishable
with Fine Only”: If the offence be punishable with fine only, 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 LS20 and for any term not exceeding four months when the
amount shall not exceed LS50 and for any term not exceeding six months
in any other case.
Section 72 -
“Imprisonment to Terminate on Payment of Fine or Proportional
Part of Fine”: (1) If, before the offender is committed to prison under
section 69 in default of payment of a fine, a proportion of the fine is paid
or levied
By process of law, the term of imprisonment in default of payment shall
abate proportionately:
(2) If the offender has been committed to prison under section 69, the
imprisonment shall terminate whenever the fine or a proportion of the fine,
equal to or exceeding the proportion which the un-expired term of
imprisonment bears to the whole term, is either paid or levied by process
of law.
Note – See section 269 of the Criminal Procedure Act, 2003.
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