Legal provisions regarding suspension of execution of sentence of imprisonment in default of payment of the fine under section 424 of the Code of Criminal Procedure, 1973.
According to Section 424 of the Code of Criminal Procedure, when an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may;
ADVERTISEMENTS:
(a) Order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, or which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days.
(b) Suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made, and if the amount of the fine or of any installment, as the case may be, is not realized on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
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The above provisions shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith, and, if the person against whom the order has been made, on being required to enter into a bond such as is referred above, fails to do so, the Court may at once pass sentence of imprisonment.
According to Section 429(2) of the Code of Criminal Procedure, when an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.
