Chapter III
Section 30 CrPC: Sentence of imprisonment in default of fine
New Law Update (2024)
Section 30 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term-
(a) shall not be in excess of the powers of the Magistrate under section 29;
(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.
Important Sub-Sections Explained
Section 30(1)
This sub-section empowers a Magistrate to impose imprisonment if a fine is not paid, but crucially sets strict limits on how long this default imprisonment can be, ensuring it does not exceed the Magistrate’s overall sentencing powers or a quarter of the main imprisonment term for the offence.
Section 30(2)
This sub-section clarifies that the imprisonment imposed for defaulting on a fine can be in addition to any other primary imprisonment sentence already awarded for the offence, even if that primary sentence is the maximum allowed by the Magistrate.
Landmark Judgements
K. Bhaskaran v. Sankaran Vaidhyan Balan and Anr. (1999):
This landmark Supreme Court judgment, though primarily related to the Negotiable Instruments Act, clarified the general principle that the term of imprisonment in default of fine must not exceed the maximum sentence prescribed for the offence. It underscores the limitations on a Magistrate’s power under Section 30 CrPC.
Shaileshkumar v. State of Gujarat (2020):
The Supreme Court in this case reiterated that when a substantive sentence of imprisonment is already imposed, the additional imprisonment in default of fine cannot exceed one-fourth of the maximum term of imprisonment prescribed for the offence, as stipulated by Section 30(1)(b) of the CrPC. This reinforces the strict adherence to statutory limits.