Post by Madhav Ganesh on Dec 12, 2006 18:26:06 GMT 5
1. Title and extent of operation of the Code
This Act shall be called the Indian Penal Code, and shall [extend to the whole of India [except the State of Jammu and Kashmir]
2. Punishment of offences committed within India
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within [India]
3. Punishment of offences committed beyond but which by law may be tried within India
Any person liable, by any 7[Indian law] to be tried for an offence committed beyond 8[India] shall be dealt with according to the provisions of this Code for any act committed beyond 8[India] in the same manner as if such act had been committed within 5[India].
9[4. Extension of Code to extra-territorial offences
The provisions of this Code apply also to any offence committed by-
10[(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be.]
Explanation- In this section the word "offence" includes every act committed outside 2[India] which, if committed in 2[India], would be punishable under this Code.
Nothing in this Act shall affect the provisions of any Act for. punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.]
Amount of fine
Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Sentence of imprisonment for non-payment of fine
47[In every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment,and in every case of an offence punishable 34[with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,]
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
Description of imprisonment for non-payment of fine
The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.
Imprisonment for non-payment of fine, when offence punishable with fine only
If the offence be punishable with fine only, 33[the imprisonment which the Court imposes in default of payment of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed tile following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case. Imprisonment to terminate on payment of fine.
The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.
Termination of imprisonment on payment of proportional part of fine.If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
This Act shall be called the Indian Penal Code, and shall [extend to the whole of India [except the State of Jammu and Kashmir]
2. Punishment of offences committed within India
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within [India]
3. Punishment of offences committed beyond but which by law may be tried within India
Any person liable, by any 7[Indian law] to be tried for an offence committed beyond 8[India] shall be dealt with according to the provisions of this Code for any act committed beyond 8[India] in the same manner as if such act had been committed within 5[India].
9[4. Extension of Code to extra-territorial offences
The provisions of this Code apply also to any offence committed by-
10[(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be.]
Explanation- In this section the word "offence" includes every act committed outside 2[India] which, if committed in 2[India], would be punishable under this Code.
Nothing in this Act shall affect the provisions of any Act for. punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.]
Amount of fine
Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Sentence of imprisonment for non-payment of fine
47[In every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment,and in every case of an offence punishable 34[with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,]
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
Description of imprisonment for non-payment of fine
The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.
Imprisonment for non-payment of fine, when offence punishable with fine only
If the offence be punishable with fine only, 33[the imprisonment which the Court imposes in default of payment of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed tile following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case. Imprisonment to terminate on payment of fine.
The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.
Termination of imprisonment on payment of proportional part of fine.If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.