08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
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.
Limit to
imprisonment for
nonpayment of fine,
when imprisonment
and fine awardable
65. The term for which the Court directs the offender to be imprisoned in default
of payment of a fine shall not exceed onefourth of the term of imprisonment
which is the maximum fixed for the offence, if the offence be punishable with
imprisonment as well as fine.
66. 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.
Description of
imprisonment for
nonpayment of fine
Imprisonment for
nonpayment of fine,
when offence
punishable with fine
only
67. If the offence be punishable with fine only, 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 taka, and for any
term not exceeding four months when the amount shall not exceed one hundred
taka, and for any term not exceeding six months in any other case.
68. The imprisonment which is imposed in default of payment of a fine shall
terminate whenever that fine is either paid or levied by process of law.
Imprisonment to
terminate on
payment of fine
Termination of
69. 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
imprisonment on
payment of propor
tional part of fine
A is sentenced to a fine of one hundred taka and four months imprisonment in
default of payment. Here, if seventyfive taka 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 seventyfive taka 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 taka of the fine be paid
or levied before the expiration of the two months of the imprisonments, A will be
discharged as soon as the two months are completed. If fifty taka be paid or
levied at the time the expiration of those two months, or at any later time while
A continues in imprisonment, A will be immediately discharged.
Fine leviable within
six years, or during
imprisonment Death
not to discharge
property from liability
70. 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 of any property which would,
after his death, be legally liable for his debts.
Limit of punishment
of offence made up of
several offences
71. 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.
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
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