CrPC Section 30 — Sentence of imprisonment in default of fine

CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

General

Summary

Sub-section (1) allows a Magistrate’s Court to order a term of imprisonment if a fine is not paid, to the extent authorised by law. The term must not exceed the Magistrate’s powers under section 29. If the sentence also includes imprisonment for the offence, the imprisonment for non-payment of the fine must not exceed one-fourth of the term the Magistrate can impose for that offence, apart from imprisonment for non-payment of the fine.

Sub-section (2) says imprisonment for non-payment of a fine may be added to a substantive prison sentence for the maximum term the Magistrate may award under section 29.

Official Text

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.

Sections referred to

CrPC §29 — Sentences which Magistrates may pass

Related Judgments

SHANTI LAL vs STATE OF M.P — Supreme Court of India (2007)
SHARAD HIRU KOLAMBE vs STATE OF MAHARASHTRA AND OTHERS — Supreme Court of India (2018)
SHAHEJADKHAN MAHEBUBKHAN PATHAN vs STATE OF GUJARAT — Supreme Court of India (2012)
MOHAMMAD USMAN MOHAMMAD HUSSAIN MANIYAR & ANR. vs STATE OF MAHARASHTRA — Supreme Court of India (1981)

Old <-> New Code Mapping

BNSS §24 — Sentence of imprisonment in default of fine