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 terms not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any terms 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.
1. Ins. by Act 8 of 1882, sec. 3.
IPC Section 67: Simplified Explanation
IPC Section 67 of the Indian Penal Code (IPC) deals with the scenario where the offence is punishable with a fine only, and the offender fails to pay this fine. This section outlines the legal consequences for non-payment of the fine, explicitly focusing on the imposition of imprisonment in such situations. The essential purpose of this provision is to enforce the payment of fines as a penalty for offences that do not warrant imprisonment but are considered punishable by fines alone.
Key Provisions of IPC Section 67:
- Imposition of Imprisonment: When an individual is convicted of an offence that is punishable solely by a fine and fails to pay this fine, Section 67 authorizes the court to impose a term of imprisonment as a consequence of non-payment. This provision is a deterrent against non-compliance with court orders to pay fines.
- Duration of Imprisonment: The section specifies the maximum duration an individual can be imprisoned for failing to pay a fine. This duration is contingent upon the acceptable amount and the court’s discretion within the limits established by the law. The law seeks to balance the need for enforcement of fines with the principle of proportionality, ensuring that the punishment is not excessively harsh relative to the gravity of the offence.
- Judicial Discretion: While Section 67 provides for imprisonment as a consequence of non-payment of a fine, it also allows for judicial discretion in determining the exact duration of such imprisonment. The court considers various factors, including the offence’s nature, the offender’s circumstances, and the fine’s amount, to decide the appropriate term of imprisonment.
Importance of IPC Section 67:
- Enforcement of Fines: This section underscores the importance of fines as a form of punishment and ensures their enforcement by providing a precise legal mechanism to deal with cases of non-payment.
- Proportionality and Fairness: By allowing for imprisonment in cases of non-payment of fines and setting limits on the duration of such imprisonment, Section 67 ensures that the punishment remains proportional to the offence and fair to the offender.
- Flexibility: The provision grants courts the flexibility to impose imprisonment for non-payment of fines, considering the specifics of each case. This flexibility is crucial in tailoring the punishment to ensure justice and fairness in each case.
- Deterrence: Knowing that failure to pay a fine can lead to imprisonment serves as a deterrent against non-compliance with financial penalties imposed by the court.
