Sentence of Imprisonment for non payment of fine under Indian Penal Code are defined under Section 64 of Indian Penal Code 1860. Provisions in the Act is:
Section 64 of Indian Penal Code. "Sentence of Imprisonment for non payment of fine" 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).
The court can order imprisonment, but only after a means enquiry hearing which you must attend. A person cannot be sent to prison without at least one hearing where you have the chance to explain your financial circumstances. The court must have tried all other ways of enforcing the fine before they can do this. To avoid a prison sentence the accused must convince the court that you have a genuine reason for not paying. This may be that of circumstances have changed since the fine was set, such as a drop in your household income, a relationship breakdown, a new baby, illness or other debts paying. This is why it is important to take a detailed budget to court and not be frightened to tell the court if the accused have other debts to pay; but you need to treat the fine as a priority debt. It is helpful to take some money to offer to the court, even if it is only the weekly or monthly offer of payment. This will show the court the person is not refusing to pay. The court can give the accused a suspended prison sentence or send the person to prison straight away. Before they can do either of these, the court must establish: willful refusal which means the court thinks the accused have deliberately refused to pay; or
culpable neglect which means the accused have been careless or thoughtless in not paying.
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