Section 30 of CrPC : Section 30: Sentence of imprisonment in default of fine.

Explanation using Example

Example 1:

Scenario: Ramesh is convicted of theft under Section 379 of the Indian Penal Code, which is punishable with imprisonment of up to 3 years or with a fine, or with both. The Magistrate sentences Ramesh to 1 year of imprisonment and imposes a fine of ₹10,000. Ramesh is unable to pay the fine.

Application of Section 30: The Magistrate decides that in default of payment of the fine, Ramesh will serve an additional 3 months of imprisonment. This decision is within the Magistrate's power under Section 30 because:

• The additional imprisonment term (3 months) does not exceed one-fourth of the substantive sentence (1 year).
• The total imprisonment (1 year + 3 months) is within the maximum term the Magistrate can award for the offence (3 years).

Example 2:

Scenario: Sita is convicted of causing grievous hurt under Section 325 of the Indian Penal Code, which is punishable with imprisonment of up to 7 years and a fine. The Magistrate sentences Sita to 2 years of imprisonment and imposes a fine of ₹20,000. Sita is unable to pay the fine.

Application of Section 30: The Magistrate decides that in default of payment of the fine,...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.