Section 8: Amount of Fine and Liability in Default of Payment of Fine
(1) When no specific limit is mentioned for a fine, the amount of fine that an offender can be charged is unlimited but must not be excessive.
(2) In every case where an offense: (a) is punishable with imprisonment along with a fine, and the offender is sentenced to a fine with or without imprisonment; (b) is punishable with imprisonment or fine, or fine only, and the offender is sentenced to a fine,
the Court has the authority to direct, in the sentence, that if the fine is not paid, the offender will undergo imprisonment for a specified period. This imprisonment will be additional to any other imprisonment already sentenced or to which the offender may be liable due to a sentence commutation.
(3) The term of imprisonment imposed by the Court in default of fine payment shall not exceed one-fourth of the maximum term of imprisonment prescribed for the offense, if the offense is punishable with both imprisonment and fine.
(4) The type of imprisonment imposed by the Court in default of fine payment or community service may be of any kind applicable to the offense.
(5) If the offense is punishable with fine or community service, the imprisonment imposed in default of fine payment or community service shall be simple. The duration of imprisonment in default of fine payment shall not exceed: (a) two months if the fine amount does not exceed five thousand rupees; (b) four months if the fine amount does not exceed ten thousand rupees; (c) one year in any other case.
(6) (a) Imprisonment imposed in default of fine payment shall end once the fine is paid or collected through legal means. (b) If a proportionate part of the fine is paid or collected before the expiry of the imprisonment term set for default, the imprisonment will be terminated accordingly.
(7) Any unpaid fine or part thereof can be collected within six years from the date of sentencing. If the offender faces a longer imprisonment period under the sentence, the fine can be collected any time before that period expires. The death of the offender does not absolve any property legally liable for debts incurred before death from the liability to pay the fine.
Explanation of Section 8: Amount of Fine, Liability in Default of Payment of Fine, etc.
- Unlimited Fine: When no specific upper limit is mentioned for a fine related to an offense, the amount of fine that can be imposed on the offender is unlimited. However, the fine imposed must not be excessive.
- Imprisonment in Default of Fine Payment:
- Types of Offenses: In cases where an offense is punishable with both imprisonment and fine, or with imprisonment or fine alone, the court sentencing the offender can direct that if the fine is not paid, the offender will face additional imprisonment.
- Type of Imprisonment: The court has the discretion to specify the nature of imprisonment in default of fine payment, which can be any type applicable to the offense.
- Limitation on Imprisonment Term:
- If the offense carries both imprisonment and fine, the term of imprisonment imposed in default of fine payment cannot exceed one-fourth of the maximum term of imprisonment prescribed for that offense.
- Imprisonment Duration:
- If the offense is punishable only with fine or community service, and if the fine is not paid, the imprisonment imposed in default shall be simple (not rigorous).
- The duration of this imprisonment shall be:
- Up to two months if the fine does not exceed five thousand rupees,
- Up to four months if the fine does not exceed ten thousand rupees,
- Up to one year for fines exceeding ten thousand rupees.
- Termination of Imprisonment:
- Imprisonment imposed in default of fine payment ends as soon as the fine is paid or collected through legal means.
- If a part of the fine is paid or collected before the completion of the imprisonment term, the imprisonment ends proportionately.
- Collection of Unpaid Fine:
- Any part of the fine that remains unpaid can be collected within six years from the date of sentencing. If the offender is sentenced to imprisonment longer than six years, the fine can be collected at any time before the expiration of that period.
- The legal liability to pay the fine extends to any property of the offender that remains liable for debts after their death.
