Legal Provisions of Section 63 of Indian Penal Code, 1860.
Amount of fine:
ADVERTISEMENTS:
The section provides that while passing a sentence if the amount of fine is not indicated then the fine may be unlimited but it shall not be excessive. The nature of the offence and capacity of the offender to pay are naturally the relevant considerations to determine the amount.
The use of the word ‘shall’ indicates that the fine must never be excessive. Section 25, General Clauses Act, 1897 relating to recovery of fines states that sections 63 to 70 of the Indian Penal Code and the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any Act, Regulation, rule or bye-law unless the Act, Regulation, rule or bye-law contains an express provision to the contrary.
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