The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

¹[In every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or with­out imprisonment,

and in every case of an offence punishable ²[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 the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in 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.

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1. Subs. by Act 8 of 1882, sec. 2, for “In every case in which an offender is sentenced to a fine”.

2. Ins. by Act 10 of 1886, sec. 21(2).

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.

Rep. by the Indian Penal Code (Amendment) Act, 1921 (16of 1921), sec. 4.

[Rep. by the Indian Penal Code (Amendment) Act, 1921 (16 of 1921), sec. 4.]