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Report No. 156

21. Substitution of new section for sections 64 and 65: Sentence of imprisonment for non-payment of fine and limit to imprisonment.-

Do you agree with the recommendations of the Law Commission in its 42nd Report on Indian Penal Code and clause 21 of Indian Penal Code (Amendment) Bill, 1978 that for sections 64 and 65 of the Penal Code, the following sections be substituted:-

"64. In every case in which an offender is sentenced to a fine, it shall be competent to the court to direct by the sentence that, in default of payment of the fine, the offender shall undergo imprisonment for a certain term.

65. In every case in which the offence is punishable with imprisonment or fine, or with imprisonment and fine-

(a) the imprisonment in default of payment of the fine may be of any description to which the offender might have been sentenced for the offence;

(b) the term of such imprisonment shall not exceed one-fourth of the maximum term of imprisonment provided for the offence;

(c) such imprisonment shall be in addition to the imprisonment, if any to which he may have been sentenced for the offence or to which he may be liable under a commutation of a sentence."?



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