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A person for offence of theft is convicted and sentenced by J.M.F.C. to one year imprisonment and fine.…

Simple theft under IPC section 379 carried at most three years, matching the first-class Magistrate’s relevant imprisonment competence. IPC section 65 and CrPC section…

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A person for offence of theft is convicted and sentenced by J.M.F.C. to one year imprisonment and fine. What is the maximum term of imprisonment which can be awarded in default of payment of fine?

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Correct answer B

Simple theft under IPC section 379 carried at most three years, matching the first-class Magistrate’s relevant imprisonment competence. IPC section 65 and CrPC section 30(1)(b) therefore cap default imprisonment at one-fourth of three years: nine months. The calculation does not use the one-year substantive sentence actually imposed.

Current law: BNS sections 303(2), 8(3) and BNSS sections 23(2), 24 retain the relevant three-year/one-fourth limits for this fined, non-exceptional theft conviction. BNS adds a distinct qualifying first-time low-value theft community-service rule.

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