Legal Provisions of Section 65 of Indian Penal Code, 1860.
Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable:
The use of the words ‘imprisonment as well as fine’ indicates that the section is applicable where an offence is punishable with imprisonment and fine and also where the offence is punishable with imprisonment or fine, but not both. The section does not apply to such cases which are covered under section 67 of the Code where the only punishment is fine. The section makes it clear that in such cases the imprisonment in default of payment of fine can in no case exceed one-fourth of the term which is the maximum provided for the offence.
image source: cochranfirmdc.com
ADVERTISEMENTS:
For instance, if the maximum term of imprisonment provided for an offence is one year, the term of imprisonment in default of payment of fine can never exceed three months which is the one-fourth of one year. The Supreme Court has held in Ram Jas v. Stated that the order of the High Court of imprisonment for three years’ in default of payment of fine with respect to an offence under section 419 read with section 109, Indian Penal Code was illegal because the maximum term of imprisonment provided under that section is of three years and, therefore, the imprisonment in default of payment of fine could not exceed one-fourth of three years, that is, nine months.
Sections 63 to 70 of the Code have been referred to under section 25, General Clauses Act, 1897. The word ‘offence’ in this section has the same meaning as provided under section 40 of the Code.