66. Description of imprisonment for non-payment of fine. The imprisonment which the Court
imposes in default of payment of a fine may be of any description to which the offender might have
been sentenced for the offence.
67. Imprisonment for non-payment of fine, when offence punishable with fine only. If the
offence be punishable with fine only, 1[the imprisonment which the Court imposes in default of
payment of the fine shall be simple, and] the term for which the Court directs the offender to be
imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any
term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any
term not exceeding four months when the amount shall not exceed one hundred rupees, and for any
term not exceeding six months in any other case.
68. Imprisonment to terminate on payment of fine. The imprisonment which is imposed in
default of payment of a fine shall terminate whenever that time is either paid or levied by process of
law.
69. Termination of imprisonment on payment of proportional part of fine. If, before the
expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be
paid or levied that the term of imprisonment suffered in default of payment is not less than
proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of
payment. Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month
of the imprisonment, A will be discharged as soon as the first month has expired. If seventy-five
rupees be paid or levied at the time of the expiration of the first month, or at any later time while A
continues in imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or
levied before the expiration of two months of the imprisonments, A will be discharged as soon as the
two months are completed. If fifty rupees be paid or levied at the time of the expiration to those two
months, or at any later time while A continues in imprisonment, A will be immediately discharged.
70. Fine leviable within six years, or during imprisonment. Death not to discharge property
from liability. The fine, or any part thereof which remains unpaid, may be levied at any time within
six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period ;
and the death of the offender does not discharge from the liability any property which would, after his
death, be legally liable for his debts.
71. Limit of punishment of offence made up of several offences. Where anything which is an
offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished
with the punishment of more than one of such his offences, unless it be so expressly provided.
2[Where
anything is an offence falling within two or more separate definitions of any law in force
for the time being by which offences are defined or punished, or
1Ins.
by the Indian Penal Code Amdt. Act, 1882 (8 of 1882), s. 3
ibid, s. 4.
2Added
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