Here is your essay on Fine

It is a lenient form of punishment. An important pragmatic approach for a judge is to read the statutory penal provision before he inflicts the punishment every time in order to make sure what is the minimum sentence and what is the maximum sentence and what is the maximum fine and whether fine is in lieu of or in addition to corporeal punishment.

Even with regard to fine, the legal position derived from conventions is that the fine should be proportionate to the means of the convicted person.

However, substantial fine is awarded at times in order to compensate the complainant or where the accused became benefitted financially by his criminal acts. This proposition was laid long back in an English Case.

Whenever, fine is awarded, the Court should have to prescribe a default sentence which the accused should suffer in case he fails to pay the fine.

The norms are provided by Section 67 of Indian Penal Code that if the amount of fine I does not exceed Rs. 50/-, the default sentence cannot be for more than two months, I if the offence is punishable with fine only.

In such a case, if the fine does not exceed Rs. 100/- the default sentence cannot be for more than four months and if the fine exceeds Rs. 100/- the default sentence cannot be in excess of six months.

If the offence is punishable with imprisonment and / or fine, the default sentence shall not exceed one fourth of the term of imprisonment which is the maximum fixed for the offence under Section 55 of I.P.C. and at the same time it shall be within the extent of period which the fine imposing judge is competent to inflict as a substantive sentence as laid in Section 33(1) proviso B, Cr.P.C.

Further, Sections 66 and 67 I.P.C. point out if the offence is punishable with fine only, the default sentence should be only simple imprisonment and in other cases the imprisonment can be simple or rigorous imprisonment.

Except when imprisonment for life is awarded the judgment should specifically state whether the imprisonment imposed should be simple or rigorous for if the Court is silent, it would mean to be simple.