Code of Criminal Procedure, 1973

Chapter 003 Power of Courts

Section 30: Sentence of imprisonment in default of fine

  • 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-
    1. is not in excess of the powers of the Magistrate under section 29;
    2. 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.
  • 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.


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