Imprisonment in default of payment of fine is in the nature of–
Imprisonment in default is a penalty for failing to pay the fine. The Supreme Court drew this distinction from substantive imprisonment in Shantilal v. State of M.P. and…
Choose your answer
Imprisonment in default of payment of fine is in the nature of–
Answer and explanation
Correct answer B
Imprisonment in default is a penalty for failing to pay the fine. The Supreme Court drew this distinction from substantive imprisonment in Shantilal v. State of M.P. and Sharad Hiru Kolambe v. State of Maharashtra. Section 8(6)(a) of the Bharatiya Nyaya Sanhita, 2023 ends the default imprisonment when the fine is paid or recovered by process of law.
Option feedback
Option A
Default imprisonment is ordered to enforce payment of the fine, separate from substantive imprisonment for the offence.
Option B
The default term operates as a penalty when the fine goes unpaid.
Option C
The default term is a penalty and is distinct from the substantive sentence for the offence.
Option D
A penalty for non-payment accurately describes the default term.
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