Imprisonment instead of fine
My freind was fined by the civil court for Rs.70000/-.He is not willing to pay the fine,in spite of having some property and money! Now he will be jailed.How can the imprisonement be equated to fine?Is there some quantum relation?Is there some Law by which the imprisonment can be quantified in liu of fine?Please advice.
Asked in Civil Law from Mumbai, Maharashtra
since your friend inspite of having funds refused to pay the fine let him spend some time in jail . Section 64 of the Indian Penal Code provides that it shall be competent to the Court which sentences an offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment
If your friend is having money to pay the fine then what holds him back from paying it? It seems that he takes the court lightly, in which event he should spend some quality time behind bars. The court was gracious enough to let him off with a fine when it could have sentenced him to imprisonment and in addition thereto ordered him to pay a heavy fine. If he does not comply with court order as to payment of fine then in default thereof he will be sent to jail.
Thank You Sir's.I will tell this to him.He is adamant but I want to help him get through this.Is there any provision in Law which will equate the fine to the jail term ? If so please let me know.This may make him reconsider his decission.
Asked 3 years ago
we have pointed out legal provisions that it is at discretion of court . it is his call now whether he wants to pay fine or go to jail
You have been told the legal provisions. We are not going to repeat it again. The ball is now in your friend's court.