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, Sita will serve an additional 6 months of imprisonment. This decision is within the Magistrate's power under Section 30 because:

• The additional imprisonment term (6 months) does not exceed one-fourth of the substantive sentence (2 years).
• The total imprisonment (2 years + 6 months) is within the maximum term the Magistrate can award for the offence (7 years).

Example 3:

Scenario: Mohan is convicted of public nuisance under Section 290 of the Indian Penal Code, which is punishable with a fine of up to ₹200. The Magistrate imposes a fine of ₹200. Mohan is unable to pay the fine.

Application of Section 30: The Magistrate decides that in default of payment of the fine, Mohan will serve 1 month of imprisonment. This decision is within the Magistrate's power under Section 30 because:

• The additional imprisonment term (1 month) is within the powers of the Magistrate under Section 29.
• There is no substantive sentence of imprisonment, so the one-fourth rule does not apply.

Example 4:

Scenario: Priya is convicted of cheating under Section 420 of the Indian Penal Code, which is punishable with imprisonment of up to 7 years and a fine. The Magistrate sentences Priya to 3 years of imprisonment and imposes a fine of ₹50,000. Priya is unable to pay the fine.

Application of Section 30: The Magistrate decides that in default of payment of the fine, Priya will serve an additional 9 months of imprisonment. This decision is within the Magistrate's power under Section 30 because:

• The additional imprisonment term (9 months) does not exceed one-fourth of the substantive sentence (3 years).
• The total imprisonment (3 years + 9 months) is within the maximum term the Magistrate can award for the offence (7 years).