Hello readers I am Ashish Kumar doing practice as an Advocate in Kapurthala District Courts. If you want to in contact with me to get the new articles and notes on Legal subjects then share with me your e-mail id and if you have any type of doubt then you send me the mail on my email id advashish321@gmail.com. I will try to give the answers of your questions as early as possible. To get the notifications of my videos subscribe my you tube channel and click on bell icon.
CHAPTER III [ OF PUNISHMENTS ] Section 53 to 75 of Indian Penal Code 1860 deals with the provisions in relation to punishment under the Indian Penal Code 1860.
Section 57. Fractions of terms of punishment.- In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for 20 years.
Comments
•Section 57 of the code does not state that imprisonment for life shall be reckoned as
imprisonment for 20 years.
•A prisoner’s sentence of life imprisonment will not automatically come to an end by lapse
of 20 years.
•Only for calculating fractions of terms of punishment ‘imprisonment for life’ shall be reckoned as equivalent to imprisonment for 20 years.
In Subhash Chander Vs. Krishan Lal 2001 Cr.L.J. 1825 (S.C.) it was held by the SC that Section 57 of IPC provides that in calculating fractions of terms of punishment of imprisonment for life shall be reckoned as equivalent to imprisonment for 20 years. It does not say that the imprisonment for life shall be deemed to be for 20 years. The position at law is that unless the life imprisonment is commuted or remitted by appropriate government under the relevant provisions of law applicable in the case, a prisoner sentenced to life imprisonment is bound in law to serve the life term in prison.
Section 60. Sentence may be ( in certain cases of imprisonment) wholly or partly rigorous
or simple.- In every case in which an offender is punishable with imprisonment which may
of either description, it shall be competent to the Court which sentences such offender to
direct in the sentence that such imprisonment shall be wholly rigorous or that such
imprisonment shall be wholly simple or that any part of such imprisonment shall be
rigorous and the rest simple.
Comments
It is very important to note here that ‘ imprisonment for life’ in the Code means ‘rigorous
imprisonment for life’ and not simple imprisonment.
Section 63.- Amount of fine.- Where no sum is expressed to which a fine may extend, the
amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Comments
•Offence and penalty must be proportionate to the nature of the offence.
•However a heavy fine which the accused is unable to pay should not be imposed.
Section 64. Sentence of imprisonment for non-payment of fine.- In every case of an
offence punishable with imprisonment as well as with fine, in which the offender is
sentenced to a fine, whether with or without imprisonment, and in every case of an
offence punishable with imprisonment or fine or with fine only in which the offender is
sentenced to a fine, it shall be competent to the Court which sentences such offender to
direct by sentence that, in default of payment of the fine, the offender shall suffer
imprisonment for a certain term, which imprisonment shall be in excess of any other
imprisonment to which he may have been sentenced or to which he may be liable under a
commutation of a sentence.
Section 65. Limit to imprisonment for non-payment of fine when imprisonment and fine
awardable.- The term for which the Court directs the offender to be imprisoned in default
of payment of fine shall not exceed 1/4th of the term of imprisonment which is the
maximum fixed for the offence, if the offence be punishable with imprisonment as well as
fine.
Comments
•This section applies to all cases where the offence is punishable with imprisonment and
fine, or with imprisonment or fine.
•It does not apply to cases where fine only be imposed.
Section 66. Description of imprisonment for non-payment of fine.- The imprisonment
which the Court imposes in default of payment of fine may be of any description to which
the offender might have been sentenced for the offence.
Comments
If the offence is punishable with simple or rigorous imprisonment then the additional
imprisonment in default of payment of fine shall also be simple or rigorous as the case
may be.
•Section 67. Imprisonment for non-payment of fine, when offence punishable with
fine only : If the offence be punishable with fine only, then the imprisonment which
the Court imposes in default of payment of fine shall be simple, and the term for
which the court directs the offender to be imprisoned, in default of payment of fine,
shall be not exceed the following scale,
•That is to say,
•For any term not exceeding 2 months when the amount of fine shall not exceed
Rs.50/-.
•For any term not exceeding 4 months, when the amount of fine shall not exceed
Rs.100/-. and
•For any term not exceeding 6 months in any other case.
Comments
•It is very important to note here that the scale of imprisonment prescribed in this
section refers to fines actually imposed and not to the maximum fine admissible for
the offence.
•It is also very important to note that even where any special Act which is creating the
offence does not provide for imprisonment in default of fine, then the sentence of
imprisonment in default of payment of a fine is valid.
•Section 68. Imprisonment to terminate on payment of fine.- The imprisonment
which is imposed in default of payment of a fine shall terminate whenever
•That fine is
•Either
•Paid or
•Levied by process of law.
•Section 69. Termination of imprisonment on payment of proportional part of fine.
If, before the expiration of the term of imprisonment fixed in default of payment,
• such a proportion of fine
•Be paid or
•Levied
•That is still unpaid
•Then the imprisonment shall terminate.
Illustration
•A is sentenced to a fine of Rs.100/- and to 4 months imprisonment in default of
payment of fine.
•Here, if Rs.75/- of the fine be paid or levied before the expiration of one month of
imprisonment then A will be discharged as soon as the First month has expired.
•But if Rs.75/- be paid or levied at the time of expiration of the first month or at any
later time while A continues in imprisonment then A will be immediately discharged.
•If Rs. 50/- of the fine be paid or levied before the expiration of two months of the
imprisonment then A will be discharged as soon as 2 months imprisonment will be
completed.
•But if Rs.50/- be paid or levied at the time of the expiration of those 2 months or at
any time, while A continues in imprisonment then A will be immediately discharged.
Hello readers I am Ashish Kumar doing practice as an Advocate in Kapurthala District Courts. If you want to in contact with me to get the new articles and notes on Legal subjects then share with me your e-mail id and if you have any type of doubt then you send me the mail on my email id advashish321@gmail.com. I will try to give the answers of your questions as early as possible. To get the notifications of my videos subscribe my you tube channel and click on bell icon. 
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