58. [Offenders sentenced to transportation how dealt with until, transported.] Omitted by the
Law Reforms Ordinance, 1972 (XII of 1972), s. 2 and Sch.
59. [Transportation instead of imprisonment.] Omitted by the Law Reforms Ordinance, 1972
(XII of 1972), s. 2 and Sch.
60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
In every case in which an offender is punishable with imprisonment which may be of either
description, it shall be competent to the Court which sentences such offender to direct in the sentence
that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or
that any part of such imprisonment shall be rigorous and the rest simple.
61. [Sentence of forfeiture of property.] Rep. by the India Penal Code (Amdt.) Act, 1921 (XVI of
1921), s. 4.
62. [Forfeiture of property, in respect of offenders punishable with death, transportation or
imprisonment.] Rep. by the Indian Penal Code (Amdt.) Act, 1921 (XVI of 1921), s. 4.
63. Amount of fine. Where no sum is expressed to which a fine may extend, the amount of fine
to which the offender is liable is unlimited, but shall not be excessive.
64. 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.
65. 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.
1Subs.
2Ins.
by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 2, for ―in every case in which an offender is sentenced to a fine‖.
by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), s. 21(2).
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